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Roger, Attorney
Category: Business Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Sale of my house has been halted by a lawyer recording a

Customer Question

Sale of my house has been halted by a lawyer recording a false Lis Pendens. It shows in a title search, halting sale. Lis Pendens is totally false in that it has not been filed in any court and meets none of the requirements to be a legal action. It has been recorded, but not filed with a court. It is filed as part of a probate action in a case that involves a probate three years old with no action of any type for well over a year and has an open docket item that was supposed to be conclude over a year ago that was supposed to be concluded in 90 days and is still open with no action scheduled. Is there a way to get the court to take action on the open docket item? The estate has no assets and a negative balance.
Submitted: 1 year ago.
Category: Business Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist.
If the lis pendent is filed, the only way to remove it would be to have the lawsuit closed/dismissed or to file a new lawsuit against the person that filed the lis pendent for slander of title and ask the court to remove the lis pendent based on it being filed improperly or without justification.
Expert:  Roger replied 1 year ago.
But, the quickest way to get this done would be by filing s motion to dismiss the open action and ask the court to order the lis pendent cancelled as part of the dismissal.
Expert:  Roger replied 1 year ago.

Hi - if you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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