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A person is listed in public records of having ownership and…

A person is listed...

A person is listed in public records of having ownership and also has the title and deed another person filed a les pendens on the property and claims she now has ownership also does she

Lawyer's Assistant: Where is the property located?

Palm beach county florida address is 16673 Boca Delray Drive delray beach florida

Lawyer's Assistant: Has any paperwork been filed?

The les pendens was filed and then the discharge but discharge was not filed but owner has copy of discharge of les pendens

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Realestate agent listing expired 5 mos. ago and owner did not extend it Agent still has it as active and changes price without owners permission owner has requested in writing 3 times for it to be taked out of active as he listed with new co a week ago but they can not put it in mls as it is active under previous co In meantime got contract and owner countered and before return of his counter the realestate agent lowered price again without owners permission

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Answered in 5 minutes by:
12/5/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,092
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

Not necessarily. That is, a lis pendens is not an ownership document. Rather, it's merely a document saying that the property is subject to a legal claim or lawsuit that is making its way through the courts. Now it's possible that the person that filed the lis pendens has the ownership. That might be what the lawsuit is about. Deeds don't have to be filed in order for there to be valid ownership. One could get a deed and not file it, and still be the true owner of the property. Maybe then the previous owner transferred to another, and there's a question of who owns it. So the party that filed the lis pendens might be the owner, but is not necessarily so merely because she filed a lis pendens. She'd have to have a separate claim to ownership to be the owner of the property.

As far as the discharge of the lis pendens, it would have to be filed to give clear title.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
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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).

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