How can I keep a person from selling/refinancing a property that is in dispute over title/ownership?

Question

My name is on a unrecorded deed. At the time I have filed a lawsuit to have the law recognize me as a tenant in common, but until I go to court how, can I keep the other person, whose's sole name is on the recorded deed, from selling/refinancing, or doing anything to profit from the house until a decision is made as far as ownership?

Sorry whoops,
I forgot to mention I dont have the original deed, only a copy, my ex destroyed/is holding onto the original...

Sorry whoops,
I forgot to mention I dont have the original deed, only a copy, my ex destroyed/is holding onto the original...

Answer 1

Have your attorney file a lis pendens on the deed at the local land office. No title company in its right mind would clear title on a deed with a lis pendens (litigation pending) notice attached thereto.

Answer 2

If you have filed a lawsuit, there should be a lins pendens (pending litigation) on the property. This means that nothing can happen with that property until the lins pendens is removed. Especially not a sale.

Call a title company tomorrow morning and make sure the lins pendens is on record. If it is not, call your attorney.

Answer 3

Hi Negrita,
You should be able to take the deed yourself to the county recorders office and for a minimal fee have your deed recorded.
Most refinance or title transfers will require a title search before title insurance is issued. And it won't be issued if there is constructive notice (recorded deed) of another deed. This would be a cloud on title and would hold up any transaction until it is resolved.

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Thin~Q
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Answer 4

You probably can't until it's all resolved.