
Lis Pendens Form


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Is a lis pendens the same as a lien?
A lis pendens is not a lien and it cannot stop someone from selling or getting a loan secured by real property, however, it usually does effectively deter others from buying, selling or borrowing money because it means the ownership rights to that property are in question.
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What is a notice of lis pendens in Illinois?
A notice of lis pendens under Illinois law for filing in the public records (the office of the county recorder) to provide constructive notice to third parties of a pending legal proceeding affecting or involving Illinois real property.
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What are the consequences of lis pendens?
A properly recorded lis pendens will typically prevent a sale, prevent a commercial loan, prevent a refinance, and be a cloud on title, impacting the property's marketability and the owner's ability to transact freely.
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What is meant by lis pendens?
"Pendens" translates as pending, so lis pendens means pending lawsuit or lawsuit pending.
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How do you get around lis pendens?
Under California law, a lis pendens can be removed through a process known as “expungement.” When the owner of real property believes a lis pendens has been improperly filed, they can file a motion to expunge the notice of pendency of action. If the motion is successful, the lis pendens will be removed and released.
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What does notice of lis pendens means?
Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.
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How long is lis pendens valid?
There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement signNowed between the parties.
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What is the purpose of a lis pendens?
A lis pendens is an official notice to the public that a lawsuit involving a claim on a property has been filed. Lis pendens is connected to the concept that a property buyer must assume any litigation that exists pertaining to the property.
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