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DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 746
Experience:  Attorney at Drake Law Firm PLC
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Can I file a Lis Pendis in Maryland to stop a foreclosure

Customer Question

Can I file a Lis Pendis in Maryland to stop a foreclosure sale
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Maryland. Not sure what paperwork you are refering to
JA: Has any paperwork been filed?
Customer: What type of paperwork ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: There are 2 liens from the HOA on this property
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  DrakeLAW replied 8 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 8 months ago.

A lis pendens will not necessarily stop a foreclosure. Are you also filing a lawsuit regarding the liens on the property? Unless you do that, you cannot file a lis pendens no matter what.

Customer: replied 8 months ago.
No I was not planning to also file a lawsuit regarding the liens. But if I do then I could file a lis pendens ?
Expert:  DrakeLAW replied 8 months ago.

Yes, if you do that, then you can file a lis pendens. But as I mentioned, a lis pendens won't necessarily stop a foreclosure. You need an injunction to do that. A lis pendens generally prevents the sale of the property as opposed to foreclosure.

Customer: replied 8 months ago.
I need to stop the foreclosure sale scheduled for Nov 29th, 2016 . Will filing a motion to stay or dismiss stop the sale immediately
Expert:  DrakeLAW replied 8 months ago.

It will only if there are grounds to do so. Is it a lender or the HOA that has filed for foreclosure?

Have you considered filing bankruptcy?

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