PDA

View Full Version : Les Pendence


joyh22
Jan 15, 2008, 02:42 PM
If a property is transferred by a developer in June 2007 and a Les Pendence is applied in July of 2007 and the trasnfer date is missed by the courts. Is the Les Pendence still applicable or can the third party file to have the Les Pendence removed since the filing was after the transfer date. Also if a Les Pendence is on a piece of land where a developer is attempting to build will the Les Pendence keep the banks from financing the project?

LisaB4657
Jan 15, 2008, 04:22 PM
A lis pendens will definitely prevent the owner of the property from financing or transferring it.

As for whether the owner can have the lis pendens removed due to a transfer before the lis pendens was filed, that will depend on the circumstances. If the parties can show that the builder transferred the property in good faith, in the ordinary course of business and without the intent to defraud creditors, then there is a chance that the lis pendens will be removed. But if the creditor can somehow show that the property was transferred because the builder knew that a lawsuit was coming then the lis pendens will probably not be removed.