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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #21

    Jul 21, 2012, 07:36 PM
    Maybe some of us (including me) came on a little bit strong here. But based on what you initially posted, it was justified. Now with more of the story, I can see you are caught between a rock and a hard place. Plus you have been getting some erroneous info.

    I suggest consulting with a real estate professional to see if there is a way out of this.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #22

    Jul 21, 2012, 07:38 PM
    If you do sell it require title insurance for both buyer and seller.

    Cover both of you in case there is latter more legal action.
    sst290's Avatar
    sst290 Posts: 9, Reputation: 1
    New Member
     
    #23

    Jul 21, 2012, 08:01 PM
    Will keep you posted... awaiting their stir to action will give us answers.. its just nerve wracking.. dont want to join that long grey line of foreclosures but need to clarify this before getting a mortgage to buy
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #24

    Jul 22, 2012, 06:38 AM
    Quote Originally Posted by ScottGem View Post
    And who told you that particular piece of BS? Do you understand what a lis pendens is? It is simply a notice to the Recorder of deeds that there is pending litigation against the property. The county CANNOT refuse it because it is issued by a court and is just a notice.
    ...
    Actually, a lis pendens (a law-Latin phrase which means, literally, "litigation pending") is notice to anyone who checks the record (maintained by the recorder of deeds), that there is pending litigation. The recorder couldn't care less.

    We typically record a LP when we file a foreclosure complaint. It constitutes notice to anyone who would buy the property, after the date of filing, that there is pending litigation (in my example: a foreclosure action).

    I still fail to see why OP would want to file a LP unless OP is also filing a lawsuit.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #25

    Jul 22, 2012, 07:08 AM
    Quote Originally Posted by AK lawyer View Post
    Actually, a lis pendens (a law-Latin phrase which means, literally, "litigation pending") is notice to anyone who checks the record (maintained by the recorder of deeds), that there is pending litigation. The recorder couldn't care less.
    Nit-picking again ;) I guess I should have said delivered to or filed with the Recorder. But the point is the same. That the Recorder of Deeds cannot refuse a Lis Pendens, as the OP was mistakenly told.

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