I live in Houston, Texas. My ex-husband recorded a Lis Pendens on property that was awarded to me as my sole and separate property in my divorce, the divorce decree clearly states this. The Court signed an order that he remove the Lis Pendens or it would be null and void if he didn't remove it. As of this date he has not removed it. I have been trying to sell the property but the Title Company will not insure it because of him. He is doing all of this from prison. He is now threating to file legal actions against my attorney, and my attorney has not returned my phone calls or emails. I called the prison to complain to the warden and was told that he can file all the law suits he wants and they can't stop him. I called my local elected official and they won't return my calls. When the court awarded the house to me I thought it was my house to do what I wanted so I invested a lot of money to refurbish it but now I can't sell it and can't continue to keep it for much longer. I was depending on the sell of the house to get out of debt. Can you tell me what I can do to get my property sold? Is there a Government Agency that can help me?

Welcome to AMHD. You said, "The Court signed an order that he remove the Lis Pendens or is would be null and void...." Speak to the clerk of court and find out if you can file the signed order and have the Lis Pendens marked "Cancelled". But direct this question to the clerk. Are you using a realtor? If not, contact one and ask for a referral to a good real estate attorney. You can also make an appointment with the judge, who might give you some procedural advice because your ex is in jail, already.

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Originally Posted by George_1950

Welcome to AMHD. You said, "The Court signed an order that he remove the Lis Pendens or is would be null and void...." Speak to the clerk of court and find out if you can file the signed order and have the Lis Pendens marked "Cancelled". But direct this question to the clerk. Are you using a realtor? If not, contact one and ask for a referral to a good real estate attorney. You can also make an appointment with the judge, who might give you some procedural advice because your ex is in jail, already.

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You should take the Order BACK to the same Court with your proof that it hasn't been removed and the Judge will issue an Order that it IS removed. The Order that it will "automatically" become null and void is only step 1. You need step 2.

Same if he wouldn't sign over a Deed although Court ordered. The Judge enters an Order that the Deed IS signed by someone in his place and stead.

Then you take that to the Title Company.

The Lis Pendens will not automatically be null and void just because "he" didn't remove it - you need a Court Order as outlined above.

Happens fairly frequently in one from or another in divorces.

I am speaking of NYS but "assume" most States are the same or very similar.

Yes, first an inmate has access to a full legal libraary, this is required by law. Next you will find many "jail house lawyers" inmates who have sered years and years, that often help other inmates file law suit after law suit,
Some file several every month, against guards, against the state, against the prison, against some ex employer, against everyone.

But a court already ordered him to remove it, and stated if he did not they will null it. So you return to that court and see about finding him in contempt for not removing it, and have the court order it null.

Fr chuck is correct again.

The Title Company would not insure my property because my ex-husband has recorded so many Lis Pendens on it. Recently, I was told by an attorney that eventually I will be able to sell my property but right now the underwriters are being very careful about the property they insure. He also told me to continue to look for a Title Company that will insure it. :confused: Has anyone ever had a problem getting property insured but eventually was able to get it insured?

Ask the judge to remove or satisfy all notices of lis pendens and ask to have your husband enjoined from filing any further notices without court approval.

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Originally Posted by ingerse

The Title Company would not insure my property because my ex-husband has recorded so many Lis Pendens on it. Recently, I was told by an attorney that eventually I will be able to sell my property but right now the underwriters are being very careful about the property they insure. He also told me to continue to look for a Title Company that will insure it. :confused: Has anyone ever had a problem getting property insured but eventually was able to get it insured?

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Why are you trying to find a title company to insure the property? That isn't going to solve the problem.

Go back to Court - as I explained you have accomplished step 1 in a two step process. "Eventually" could mean 100 years from now!

I guess I am not making myself clear, I have been to court and an order was signed by the judge, he ordered my ex-husband to remove the Lis Pendens. I went back to court a second time because he did not removed the Lis Pendens. The Judge ruled that it is null and void along with any more Lis Pendens he may record. So that should be taken care of. The problem is that the Title Company would not insure it due to all of the Lis Pendens and appeals he has filed. They are afraid he will harass the new owner. Now I would like to know if anyone has ever experience a Title Company not insuring a property.

Shop around for another title company. A title insurer can refuse insurance if they think it too much a risk. If you can't find an insurer, go back to the court and ask if they can order the insurer to proceed.