Colorado Lis Pendens Form
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People also ask
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What is the pendens rule?
The principle of the lis pendens rule is that it precludes one court from considering a case (lis) that is already pending (pendent lite) before another court concerning the same dispute.
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What is the meaning of pendens?
Property Act, 1882, under Section 52. • 'Lis' means litigation and 'pendens' means pending, literally. signifying pending litigation. • Any action or proceeding which is pending in any court of law is. said to be lis pendens.
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How do I file a lis pendens in Colorado?
A Colorado Lis Pendens should be recorded in the office of the county clerk and recorder in the county or counties in which the real property or any portion thereof is situated. Example: If a property spans two counties, record a Lis Pendens document in each county.
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How do you get around lis pendens?
In most cases, you will need to petition for dismissal of a lis pendens unless the pending action is resolved, whatever the outcome. If you can show that the claimant does not have a real property claim that is reasonably valid, you could easily have the lis pendens, and the case, dismissed.
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What does a notice of pendency mean?
A notice of pendency of action provides constructive notice to purchasers of real estate or encumbrancers of real property of any pending court actions affecting title to or possession of real property and allows those parties to find notice of pending litigation in the recorder's office in which the real property is ...
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How do I voluntarily remove lis pendens in California?
California Code of Civil Procedure section 405.30 allows a property owner to remove a lis pendens by bringing a “motion to expunge.” There are several bases for a motion to expunge, including: (1) the lack of a real property claim, (2) the claimant's failure to establish a “probable validity of their claim, or (3) the ...
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What is the purpose of the lis pendens?
A “lis pendens notice” is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.
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What is the statute of lis pendens in Colorado?
From the time of recording, such notice of lis pendens shall be notice to any person thereafter acquiring, by, through, or under any party named in such notice, an interest in the real property described in the notice in the county or counties where recorded that the interest so acquired may be affected by the action ...
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