Tom is right, and most/all(?) states’ Lis Pendens statutes have time limits during which, following Lis Pendens’ filing, a lawsuit must be filed on whatever that “pending litigation” is about.
Any reader would learn a great deal by going to his courthouse/recorder’s office and finding and reading some of the filed Lis Pendens notices. They’re all public records and with today’s PC setups in many recorders’ offices, it just takes a few minutes to find the Lis Pendens on file, then look at two or three in detail, printing what you might want to keep for future reference.
Can a lien or lis pendens by a creditor be filed on a property in Florida with a homestead exemption. This would prevent the seller from performing until the lien was paid off.
Regards,
Chuck
Re: lis pendens on homestead exemption in Fla. ? - Posted by Rich[FL]
Posted by Rich[FL] on October 13, 2003 at 12:00:14:
Yes; filing Lis Pendens is done all the time by lending institutions who are foreclosing on people who won’t (can’t) pay on their mortgage. It’s one of the first steps in the foreclosure process.
Non lawyer advice, and worth every cent you paid for it
Ummmmmmmmmmmm, do you have a forecloseable lien on which to file a lis pendens? Lis Pendens is Latin for “litigation pending”, it is the first step in legal procedings. Banks forclose the mortgage, not the property, and not the owner, although all are involved. So, if you have nothing to foreclose on (lien or mortgage), you can’t file a lis pendens. In addition, when you file suit, you get a court date and it starts to get expensive. Your post seems to indicate you just want to prevent sale until you are paid. Anyway, in order to put a lien on a property, the lien has to have something to do with the property. Otherwise, anyone who didn’t pay a credit card or doctor bill would have liens on their property.
