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Foreclosure Defense - Motion to Dissolve Lis Pendens (All States)
MOTION: MOTION TO DISSOLVE LIS PENDENS
A message from UDoLegal's Legal Eagle Rory Rohan:
If you are going through Foreclosure you need to make sure every decision made from this point on is the right decision for you. This means above all you must get a handle on your emotions to ensure every choice you make is strategic and not done on impulse. Read my letter to UDoLegal's users and take the time to follow my advice and catch up with the latest Foreclosure Defense news.
If you are going to have any chance of saving your home you must make it a rule every decision you make be an informed decision. In buying this you are not only arming yourself with the information you desperately need - you are taking the first step in a strategic plan to save your home.
About the Product:
Motion to Dissolve Lis Pendens: A Lis Pendens is a document filed by a party to a lawsuit in the Public Records of the county in which the property is located. A Lis Pendens is intended to alert every interested person that a lawsuit has been filed against you and your property so that no one will buy, loan or refinance the property without first dealing with the lawsuit. Lis Pendens is Latin for "a suit pending,”. The Lis Pendens (or notice of pending action) is filed with the clerk of the court, and a certified copy is then recorded with the County Recorder. This gives notice to the defendant who owns real estate that there is a claim on the property, and the recording informs the general public (and particularly anyone interested in buying or financing the property) that there is this potential claim against it. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. Generally the lis pendens must be predicated upon a written document, such as a contract ort a mortgage. The filing of a lis pendens that is not predicated upon a written document subjects the person or entity filing the lis pendens to sanctions, costs and fees and potentially a lawsuit for slander of title. After the notice is filed, anyone who purchases the land or property described in the notice takes the property subject to the final decision of the lawsuit
Regarding foreclosure cases: More often that not the plaintiff bank will file a foreclosure and will not attach the necessary documents to the complaint. At the least and under Florida law as well as the law of most states the mortgage and note should be attached to the original complaint. Often times the plaintiff bank claims to have lost the note and mortgage and additionally claim that they own the note and mortgage. Most times the original note and mortgage are in the name of a different bank or lender or even in the name MERS. In that case an assignment should be noted, attached or referred to in the complaint. Although not every jurisdiction requires an assignment to be attached to the complaint for the plaintiff bank to actually own the note and mortgage there generally has to be an assignment. If the assignment is not recorded then the Lis Pendens is not proper or allowed. If the paperwork to support the claim that the plaintiff bank owns and holds the note and mortgage is not available or attached then a Motion To Dissolve the Lis Pendens is in order and should be made at the earliest possible opportunity. If you are successful in dissolving the Lis Pendens then there will be no cloud or defect upon your title and you may be better able to sell your house or refinance the underlying mortgage. Removal of the Lis Pendens goes a long way toward resolving your dilemma.
In most states attorney fees are available by Statute if you are successful in obtaining an Order Dissolving the Lis Pendens. You may have the right to attorney fees by law.
The motion comes in download form.
The motion documents are in DOC and PDF Formats.
File motions pro se! (on your own)
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Remember! A properly structured strategy leaves nothing to chance. You can stop the bank. You can save your home. You can do it on your own and save thousands in attorney fees.
You can do nothing and most definitely lose. Or,
YOU CAN FIGHT BACK AND WIN
A Motion is defined as a generally written, formal request made to a judge for an order or judgment. Motions are made to the court during a lawsuit to resolve procedural or other issues that come up during litigation. Motions are made to continue or postpone a trial to a later date, to abate the action, for dismissal of the opposing party's case, to compel a response to discovery from the opposing party, to get a modification of an order, for a judgment, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), for relief from an order, to vacate a judgment for fraud or other cause, or for dozens of other purposes. Most motions require a written document, some require a written brief of legal reasons for granting the motion, all require written notice to the attorney for the opposing party and, often, but not always, there is a hearing before a judge. Most motions cannot be appealed until the case is over.