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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guideline for Drafting Notice of Lis Pendens
Usage: A Notice of Lis Pendens, often referred to as a "Notice of Pending Action," is used in real estate to inform potential buyers or encumbrancers that a property is the subject of a pending lawsuit. It is recorded in the land records where the property is located and serves as a warning to interested parties that the property's title may be affected by the outcome of the lawsuit.
Common Mistakes to Avoid:
Incomplete Property Information: Clearly describe the property subject to the pending lawsuit, including its legal description, address, and parcel number.
Failure to Specify the Lawsuit: Identify the court where the lawsuit is pending, provide the case number, and state the nature of the lawsuit, whether it's a foreclosure, boundary dispute, or other legal matter.
Timeliness: File the Notice of Lis Pendens promptly after the lawsuit is initiated to ensure that interested parties are informed as early as possible.
Proper Recording: Ensure the notice is recorded in the appropriate land records office, and adhere to the specific recording requirements and fees of that jurisdiction.
Accurate Legal Description: Use an accurate and legally compliant property description, as errors or inaccuracies can invalidate the notice.
Updating or Removing: If the lawsuit is resolved, ensure the Notice of Lis Pendens is updated or removed promptly to avoid clouding the property's title unnecessarily.
Failure to Serve Parties: If required by local law, serve a copy of the notice to all interested parties involved in the lawsuit.
Legal Advice: Seek legal counsel when drafting and filing the notice to ensure compliance with relevant laws and regulations.
Professional Language: Maintain a professional and neutral tone in the notice, avoiding any inflammatory or accusatory language.
Confidential Information: Do not include sensitive or confidential information in the notice that should remain confidential during the legal proceedings.
By following these guidelines and avoiding common mistakes, individuals and entities can effectively draft and use a Notice of Lis Pendens to protect their interests and provide notice to potential buyers or encumbrancers about pending litigation related to a property.