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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37828
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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what does a Notice of Voluntary Dismissal and Release of Lis

Customer Question

what does a Notice of Voluntary Dismissal and Release of Lis Pendens, mean?
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 8 years ago.

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.



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Customer: replied 8 years ago.
So how would this action normally effect my credit rating assuming the voluntary dismissal is filed??
Expert:  socrateaser replied 8 years ago.

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.

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