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Do Lis Pendens lapse in Rhode Island?

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Do Lis Pendens lapse in Rhode Island?
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 4 minutes by:
2/1/2016
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,208
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, a RI Lis Pendens can lapse in accordance with RI Gen. Law § 34-28-10 Complaint to enforce lien – Lis pendens notice, which states in pertinent part:
(a) Any and all liens under the provisions of § 34-28-1, 34-28-2, 34-28-3, or 34-28-7 regardless of the mailing and filing of a notice of intention under § 34-28-4 or any exemption therefrom, shall be void and wholly lost to any person claiming a lien under those sections, unless the person shall file a complaint to enforce the lien, described in § 34-28-13, in the superior court for the county in which is situated the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired, and unless such person shall also file in the records of land evidence in the city or town in which such land is located a notice of lis pendens, described in § 34-28-11, the complaint to be filed on the same day as the notice of lis pendens, or within seven (7) days thereafter, and both the complaint and the notice of lis pendens to be filed within forty (40) days of the date of the recording of the notice of intention provided in § 34-28-4 and § 34-28-7. The lien of any person under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 who fails to file a complaint and notice of lis pendens under this section within the required forty (40) day period, shall be void and wholly lost as to work done or materials furnished prior to the two hundred (200) day period, regardless of the fact that the person may thereafter do other work or furnish other materials in the course of the same construction, erection, alteration, or reparation.
So the party who filed the notice of lis pendens has to file suit on the lis pendens claim within 40 days of filing the notice of lis pendens or they lose the rights.
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Customer reply replied 2 years ago
Do recorded Lis Pendens lapse in Rhode Island if the Lis Pendens is regarding a notice to dispute rather than notices of intent or mechanic's liens?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
Yes, they are the same thing. If you file a lis pendens and do not file suit within the time period, the lis pendens is no longer valid. They cannot just file a lis pendens and do nothing, they have to file suit to perfect their claim.
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Customer reply replied 2 years ago
If you found a Lis Pendens on record, recorded October 1976, would you assume this had lapsed if no Order or anything else was recorded?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
Yes, and you can remove it from the deed by filing a petition to vacate lis pendens and the person who placed it can actually be liable to you for attorney's fees and damages for not removing it themselves voluntarily. So contact the person and ask them to file a notice to vacate lis pendens and if they refuse you can sue and the court will remove it and make them pay your damages.
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