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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30910
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi Kirk,Its me again with the REO occupied property that

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Hi Kirk, Its me again with the REO occupied property that took 1 1/2 years to evict the previous owners. After the appeal eviction and filed bankruptcy 6times.


So I finally got possession of the property 3 months ago after the judge signed the 'in rem' relief order.


I've put it back on the market and now I'm about to close on the property. The problem is that there is two Lis Pendens which the case had moved to the federal court and dismissed there. There has been no release of the Lis Pendens at the county court records.


What am I suppose to do to remove the Lis Pendens from the property, so I will be able to close? Is this part of my job to release it or the title company?

Roger : Hi - thanks again for requesting me.
Roger : The party that filed the lis pendens is responsible to have it removed. The filing is generally called a "Release of Lis Pendens", and is filed with the clerk to provide notice of cancellation of the previously filed lis pendens.
Roger : You should be able to notify the filing party that the is pendens is remains uncancelled, and ask them to remove it, and if they don't, you will have to file a petition to remove the cloud on your title, and that you will seek your court costs and attorney's fees for having to do this if they won't remove it voluntarily.

The lis pendens is filed by the previous owners which I think have moved to another state. I really doubt they will help file for the "Release of Lis Pendens".


What petition do I have to file to remove it? Will the title company do this? If not, will I be able to do it myself or will I need an attorney?

Roger :

You would need to file a petition to remove cloud from your title, and then get a court order directing the records clerk to mark the lis pendens as cancelled.

Roger :

You can contact the title company to see if it will do this, but it's not likely. Instead, you're probably going to need an attorney to assist you with this.

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