Lawsuit filed, lis pendens filed, what next?

Question

I have a lawsuit disputing ownership, in circuit court, I have filed a lis pendens, with the clerk of circuit courts. I thought this was all I had to do, but maybe not? I was told by land records, that any company who does a title search knows to look at both land records and court records when researching a property, but I've read some answers about notifying the litigants and so forth, for maryland what are the steps needed so that, the house can't be sold/refinanced without me getting my due or the opportunity to getwhat I feel is due to me depending on the courts ruling.

I have filed the lawsuit it is set for trial next year. My issue then is when I contact land records they tell me as long as it was filed with the clerk of circuit courts it is considered on record and will come up with a title search. Can anyone verify this or not for maryland?

Answer 1

You cannot sit on your rights. Otherwise, anyone could file a lis pendens and just sit. You have to prosecute your law suit and proceed to trial or settlement. If not, the homeowner can move to have the lis pendens lifted for failure prosecute. You have to serve the homeowner with the lawsuit so they can repond. Then the fun begins. Hundreds of hours of it. Do you have an attorney? If not, you might want to consult with one. Get moving. May justice be done.

Answer 2

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RE:
Lawsuit filed, lis pendens filed, what next?
I have a lawsuit disputing ownership, in circuit court, I have filed a lis pendens, with the clerk of circuit courts. I thought this was all I had to do, but maybe not? I was told by land records, that any company who does a title search knows to look at both land records and court records when...

Answer 3

I'm in California, so I have to speak on only OUR procedure, but you've indicated you've filed your lawsuit, and created and filed your lis pendens, as well. That's step one.

However, for the lis pendens to be reflected in the public land records in California, and by consequence on notice to to title and escrow companies and such that a transaction involving this property cannot take place while the lawsuit is pending, the lis pendens must be RECORDED with the Recorder of the Official Records of the County in which the property is located. These would be the LAND records.

In California, the Clerk Recorder is not the same as the Clerk of the Court. The Clerk Recorder is charged with the actual public recordation of the cloud on title. You should check with the Court or a legal clinic to assure you do not have something similar in Maryland -- where you must RECORD (make public) the Lis Pendens for land purposes, and not simply FILE it with the Court, for public notice purposes.

Once you've perfected the filing and recordation of your lis pendens, you'll need to then actively pursue your lawsuit. It cannot lay dormant as some kind of "secret blemish on the title." You'll have certain rules of court and procedure you must follow, including giving notice of the lawsuit and the lis pendens to the affected parties, if you have not already done so. I'm presuming you have, because most county record keepers would not accept for recordation and filing, the lis pendens without proof of service on the affected parties. With your lawsuit, of course, you need not serve the lawsuit until after it's been filed, but there may well be limited time to act. You need the services of a competent legal professional to guide you through the process.

Remember the old proverb: "He that is his own lawyer has a fool for a client."

Answer 4

First off, a lis pendens concerning real property needs to be recorded with the county recorder, or whatever agency in your state records deeds. It is necessary in order to give legal notice to potential buyers. A title company is not obliged to look through court records.

Next, whenever you file a suit, you need to notify the other party, regardless of what the matter of the suit is.

These are basic. If you really need to ask these, then you really need to hire a lawyer, if you want any chance at all of winning your case.