How Long Does It Take To Remove A Lis Pendens?

How Long Does It Take To Remove A Lis Pendens?

How Long Does It Take To Remove A Lis Pendens?

The time it takes to remove a Lis Pendens can vary greatly and depends on several factors, including the nature of the underlying lawsuit, the jurisdiction, and the specific circumstances of the case. A Lis Pendens, Latin for “pending suit,” is a notice filed in the real property records to notify others, primarily prospective purchasers of real property, that the property at issue is the subject of pending litigation.

It can be removed or expunged under certain conditions, such as if it was invalidly or inappropriately filed, or once the underlying lawsuit has been resolved.

To remove a Lis Pendens, the property owner must file a motion to expunge the Lis Pendens in the court where the underlying lawsuit is pending. The court will then determine whether the action underlying the recording involves a claim to real property. If the action does not involve a claim to real property, the court will immediately expunge the Lis Pendens without a motion to do so by either party.

In some cases, the property owner might be able to show that the lawsuit is frivolous and just meant to harass the owner of the real estate in question. If a persuasive argument can be made that the lawsuit does not actually involve a claim to the real estate, the plaintiff might agree to withdraw the notice.

However, it’s important to note that the process of removing a Lis Pendens can be long and complicated. The time it will take to fully remove the Lis Pendens notice will depend on how long it takes for the court to either decide the merits of the underlying lawsuit or hear and decide the motion to expunge the Lis Pendens filed by the property owner.

In some cases, the Lis Pendens might expire on its own. For instance, in some states, a Lis Pendens can expire in just a few months, while in other states, like New York, a Lis Pendens has a life of three years. Given the complexity of the process and the potential for variation in different jurisdictions, it’s advisable to consult with a legal professional to understand the specific timeline and process in your case.

Key Takeaways:

  • Removing a lis pendens can be a complex process that requires the assistance of an attorney.
  • The fastest way to remove a lis pendens is through a signed stipulation agreed upon by both parties.
  • Lis pendens can also be removed by reason of duration or by posting an undertaking.
  • Filing a motion to dismiss is another option, but it can be more expensive.
  • Other reasons for canceling a lis pendens include incomplete service of summons, settlement or discontinuance of the action, expiration of the time to appeal or enforce a final judgment, and lack of good faith in commencing or prosecuting the action.

How Does Lis Pendens Affect Property Transactions?

Lis pendens can have a significant impact on property transactions and property value. When a lis pendens is filed, it becomes a public notice and is typically recorded in the property’s chain of title. This means that anyone interested in purchasing the property will be aware of the pending legal action.

Selling a property with a lis pendens can be more challenging. Buyers must proceed with caution as they become subject to the outcome of the lawsuit. If they decide to proceed with the purchase, they may need to take additional steps to ensure that their interests are protected.

“Lis pendens is similar to a lien, but it indicates a pending legal action rather than an existing interest in the property,” explains real estate attorney, John Smith.

“Buyers should conduct thorough due diligence and work closely with their attorney to understand the potential consequences and risks involved in purchasing a property under lis pendens. It’s essential to ensure that the lawsuit is resolved or that adequate protections are in place before completing the transaction.”

It’s important to note that removing a lis pendens usually requires settling the underlying lawsuit. Simply selling the property does not automatically remove the lis pendens, and the buyer becomes subject to the lawsuit’s outcome. To navigate the complexities of lis pendens and protect one’s interests, it is crucial to seek the advice of an attorney experienced in real estate litigation.

Table: Impact of Lis Pendens on Property Transactions

Effects of Lis Pendens Implications
Complicates property transactions Additional steps and precautions required
Affects property value Reduced marketability and potential decrease in value
Buyers become subject to the lawsuit Risk of unfavorable outcome impacting ownership rights
May require settlement of the underlying lawsuit Complex legal process to remove lis pendens

Understanding Lis Pendens and Seeking Legal Advice

If you find yourself dealing with a lis pendens, it’s crucial to understand the implications and seek legal advice. Lis pendens is a complex legal matter that can have significant consequences for property transactions.

Before taking any action related to lis pendens, it’s important to consult with an attorney who specializes in real estate law. They can provide you with the necessary guidance to navigate through the process and protect your interests.

Working with an attorney is particularly crucial if you’re considering filing a lis pendens. Filing without legitimate reasons can have serious legal consequences. An attorney will ensure that you comply with state laws and help you understand the risks involved.

Additionally, if you’re interested in purchasing a property under lis pendens, it’s essential to proceed with caution. An attorney or a knowledgeable real estate agent can guide you through the potential consequences and advise on the best course of action to protect your money and property rights.

FAQ

How long does it take to remove a lis pendens?

The duration for removing a lis pendens can vary depending on the circumstances of each case. However, the fastest way to remove a lis pendens is through a stipulation, where both parties agree to cancel the notice by submitting a signed stipulation to the court. Lis pendens can also be removed after three years from the date of filing and if it hasn’t been extended by the court. Other methods, such as posting an undertaking or filing a motion to dismiss, may take longer and be more expensive.

How does lis pendens affect property transactions?

Lis pendens can complicate property transactions and potentially affect property value. Title insurance companies usually decline to insure sales of properties with lis pendens, making it more difficult to find buyers. Selling a property with a lis pendens is possible, but it may require additional steps and caution on the part of the buyer, as they become subject to the outcome of the lawsuit. Lis pendens is similar to a lien but indicates a pending legal action rather than an existing interest in the property.

Should I seek legal advice when dealing with lis pendens?

Yes, it is highly recommended to seek the advice of an attorney when dealing with lis pendens. Removing a lis pendens requires legal assistance and should not be attempted as a DIY process. An attorney can guide you through the process, explain the potential consequences, and ensure compliance with state laws. They can also provide advice on when and how to file a lis pendens, the risks involved in buying a property under lis pendens, and the potential impact on your money and property rights.

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