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3 answers

A lis pendens can has been filed against your property because a lawsuit involving that property is pending. It doesn't matter that there's not judgment against you...it's supposed to freeze the asset until judgment and payment of any judgment.


You need to get the number of the lawsuit (it should be on the lis pendens), go down to the Courthouse and pull the case file to see what's going on. Contact the attorney who filed it against you. If you disagree with his reasoning for filing it, you can schedule a hearing with the judge to expunge the lis pendens.

2007-01-12 09:03:28 · answer #1 · answered by jackiemm 2 · 0 0

Once your case is settled, the L.P. will be removed as a part of the judgement. Generally the prevailing party will include that as a part of the motion before the court.

LP's are common in divorce actions to prevent the transfer or sale of possibly common assets.

An alternate way is to come to an agreement with the other party about that specific piece of property. Say you simply want to re-finance it for better rates. If both parties can agree to allow the refinance to happen and what will happen to the resulting debt after any judgement is rendered, then the LP can be set aside for the purpose of the Re-fi and then replaced.

(the trick there is to find a lender who will advance funds in that situation).

good luck

2007-01-12 09:13:15 · answer #2 · answered by ca_surveyor 7 · 0 0

The lis pendens must have been filed because someone was suing you, or planning to sue you?

The only way to remove it is to get the person who filed it to file a satisfaction of it. And if they still think you owe them money, you're stuck.

If they lost the case, however, you might be able to get the courts to force them to remove it, since it's no longer valid.

Worst case, you might need to consult a real estate attorney. And charge the guys who won't remove it for your fees.

2007-01-12 08:43:44 · answer #3 · answered by Anonymous · 0 1

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