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August 25, 2008
Lis Pendens
What proof does one have to show a court to file a lis pendens?
How do they know whether the filer is lying or not?
Comments
A lis pendens is just a notice that a lawsuit has either been filed or a public notice of intent to sue has been published against the property. It won't stop the sale of the property but it will turn up in a title search so it will definitely have a chilling effect on a potential buyer.
The person filing the lis pendens could indeed by a bald faced liar. In fact, lis pendens are often used purely for harassment, such as a disgruntled and disowned heir or a girlfriend-from-hell. But you'll need to take legal action against the party to prove lack of merit to a judge in order to have it lifted.
You should use a real estate attorney who's comfortable with civil litigation, not someone who just does closings. I recommend David Rosenholc and Assoc.
Posted by: Steve at August 26, 2008 12:54 AM
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