Learn More about Miami Dade Lis Pendens
Today we’re going to talk about Miami Dade Lis Pendens. I’ll explain to you exactly what it is so you have a better understanding if you ever hear this term. By the way, this is not legal advice!
An actual Lis Pendens filed in Miami Dade County Court
What is a Miami Dade Lis Pendens?
A Miami Dade Lis Pendens is a legal instrument used in Miami usually to indicate that a foreclosure is being initiated. Lis Pendens is a legal term that you will definitely come across in a foreclosure. While this term can be a worry for those that own a Miami home, Lis Pendens can mean a number of different things for a Miami homeowner.
The reason you can worry about a Lis Pendens is because it is an indication that an official lawsuit has been filed against you involving the property. Lis Pendens are filed when you have not made three consecutive mortgage payments on your house. This lawsuit can be found in the Miami Dade county records office.
Maimi Dade Lis Pendens Search Application
In Miami Dade the Lis Pendens indicates there is a lawsuit pending. The lawsuit that is filed essentially indicates that the ownership of a property is in question. Lis Pendens is the instrument used to let you and everyone else that has a stake in the property that there is a pending lawsuit to take over the property.
A Lis Pendens goes as far as naming the property in the location where it is in the public records. The Lis Pendens also goes out to anyone who is known to be tied to the property such as tenants, owners, lien holders, and your homeowners association.
Lis Pendens is part of your foreclosure. It initiates a foreclosure and if the situation is not rectified than it can lead to the bank to foreclosure on you. Miami homes under this status could soon be entering onto the marketplace as new foreclosure properties. This doesn’t have to happen if you can respond with a solid game plan as to how you will remedy the foreclosure such as short selling your house.
Lis Pendens takes its name directly from the Latin term of suit pending. There will always be a plaintiff claim on the Lis Pendens. That’s the person or entity that’s foreclosing on you. In some instances you may lose the title on the property if the plaintiff’s lawsuit is successful resulting in an actual foreclosure. You’re in pre-foreclosure until you are foreclosed or remedy the issue.
Once the notice of Lis Pendens is filed in Miami Dade, it can be remedied. There are ways to get a Lis Pendens dismissed and this normally means facing the suit head on. Traditionally this usually means getting a lawyer and working towards a settlement with the party that filed the Lis Pendens unless you short sale which is absolutely free and comes with almost no risk.
You’ll know when you’re out of foreclosure because the plaintiff will release you from the Lis Pendens on public records.
If you’re thinking about selling your house to get out of foreclosure and want to know more about the process, find a time that works for you and schedule a free one-on-one appointment with a specialist. Schedule below:
Also, see how we might be able to help you with your foreclosure by watching this video below:
THIS IS NOT LEGAL ADVICE AND YOU SHOULD CONSULT WITH YOUR ATTORNEY BEFORE MAKING ANY LEGAL DECISIONS.
