To file a lis pendens in Florida, prepare and present a loan default complaint to the clerk of the county courthouse, allow the clerk to include the lis pendens in public records in order to inform the public of the loan situation on a given property, and notify the defaulter of the lis pendens through a county sheriff, according to LeavenLaw. Giving the defaulter time to respond, and allowing the court to hear and determine the case, completes the process.Continue Reading
To avoid possible legal mistakes in the filing process of a lis pendens, it is advisable to hire the services of a real estate attorney, states LegalMatch. You can also pay the lawyer to defend the lis pendens in the court hearing session.
A lis pendens is a legal notice in which a lender notifies the public of a pending case on a real estate property, notes LegalMatch. The notice discourages any person who has an interest in buying the property or lending money on the property from doing so until the court removes the notice from the property. The property owner has a right to petition the court to remove the notice from his property in case the pending case has no effect on the property title. However, the owner must back his petition with a proof that delinks the title from the outstanding case.Learn more about Law