what does a Notice of Voluntary Dismissal and Release of Lis Pendens, mean?
Nothing, still trying to speak with lawyer. I have some unpaid home owners dues and was sued and the association sued me and citibank to foreclose, if i pay the bill, which i will they will file a Notice of Voluntary Dismissal and Release of Lis Pendens. i want to know what effect this will have on my credit rating and what effect it will have on my relationship with my lender?
A 'lis pendens" is a notice to the "world," filed with the county/township/parish clerk, which informs anyone with an interest in the real property identified in the lis pendens, that there is a "legal action pending," in which the real property is at issue.
The lis pendens also identifies the case name and number so that any interested party can intervene in the case to protect their interest.
The lis pendens also tells persons who may be interested in purchasing the real property, that their interest, should they purchase, will be subject to the court's decision (which could, among other things, completely destroy the purchaser's interest).
A "Notice of Voluntary Dismissal and Release," is notice to the "world" that the person who recorded the "lis pendens" no longer seeks to inform interested parties of the pendency of a court action concerning the real property. This may be because the court no longer has jurisdiction, because the case settled, or because the court has rendered final judgment and ruled, or because the party who filed the lis pendens requested that the case be dismissed (this is the likely reason).
BotXXXXX XXXXXne: check with the court to confirm that the case has been dismissed, and if it has, then there is no longer any cloud on the title to the real property -- in other words, it will be as if the lis pendens were never recorded in the first place.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. If you do not agree with these terms and conditions, then you must advise me immediately. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others.
Attorney and Real Estate broker -- Retired (mostly)
So how would this action normally effect my credit rating assuming the voluntary dismissal is filed??
Credit report doesn't pick up "lis pendens" or voluntary dismissal recordings (or, at least it never has in the past, but that's no guarantee that a credit reporting agency couldn't start looking for such things). Only final judgments are picked up.
So, no effect.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).