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    News and Articles on Lis Pendens



    Lantana project faces foreclosure  Aug 14, 2008
    On July 28, the bank filed its lis pendens, notifying , of Miami, and principals Scott Lehman and Richard A. Lehman of its intent to foreclose on a $4. 2 million mortgage it wrote them in June 2006. (South Florida Business Journal, FL)

    Jail and Fines Given to Solo Who Withheld Down Payment  Aug 13, 2008
    Felton also failed to adequately address a lis pendens filed against the property, instead submitting to the court a "total and complete fabrication" on the issue, Schack wrote. Namely, Felton claimed to have secured a stipulation that the debt would be paid out of the proceeds of the closing, although she attached in her papers only an unsigned, unexecuted proposal for a stipulation. (Law.com)

    As Foreclosures Mount, Condo Associations Battle With Lenders  Jul 23, 2008
    U.S. Bank filed a lis pendens -- a notice of pending foreclosure -- on the unit in September 2007, according to Miami-Dade property records. By May, the association was owed $8,557 in condo fees, and U.S. Bank still hadn't taken over the unit. (Law.com)

    Housing stable in Ames  Jul 6, 2008
    The report said the count includes "all three phases of foreclosure: notice of default and 'lis pendens' (the Latin legal term for "pending action," either a lawsuit or other procedure), as well as notices of trustee/foreclosure sales and properties already foreclosed and repurchased by lenders. According to the statistics, Iowa was one of the more stable states during May, with 256 "notices of trustee sales" and 194 lender repossessions, or a total of 450 for the month. Highest foreclosure... (Ames Daily Tribune, IA)

    Foreclosures hit home  Jun 26, 2008
    Turning up next on the list is Canaan, at number 37, with 21 lis pendens during the period tracked and a foreclosure rate of 20 ... Perhaps surprisingly, Kent checks in at number 60 on the list, with 17 lis pendens and a rate of 15. (New Milford Times, CT)

    Jessup dome turf at root of court filing  Jun 16, 2008
    Bob Bolus, owner of Bolus Truck Parts g in Throop, filed a Lis Pendens on June 3, shortly after purchasing the property on Sen. Bob Mellow Drive for $400,000 at an on-site auction. (Scranton Times, PA)

    Realty Viewpoint: Expert Discourages Foreclosures For First-time Buyers  May 27, 2008
    There are websites that notify the public when a lis pendens (pending action) has been filed. That's a notice of foreclosure. (RealtyTimes)

    Foreclosure statistics tell different stories to different interpreters  May 18, 2008
    " He then enumerated the many variables that might move foreclosure statistics one direction or another. Alexis McGee, president of Foreclosures.com, agreed that the difference between the two companies' findings could derive from their definitions of foreclosure as well as how and where they collect their information. RealtyTrac combines preforeclosure activity (like default notices and lis pendens lawsuit filings) with foreclosures (like bank repossessions, auctions or trustee sales) into one... (San Francisco Chronicle -- Business)

    EB Developers faces two foreclosures  May 12, 2008
    Wachovia Bank, as administrative agent, has filed a lis pendens - notice of a title dispute - on the unbuilt second phase, and named a court-approved receiver as part of its pending foreclosure lawsuit. "We have diligently worked with Wachovia for months," said Daniel Kaskel, VP and general counsel for EB Developers. (South Florida Business Journal, FL)

    Act offers tax credit on foreclosures  May 5, 2008
    Properties repurchased by a bank accounted for 11 percent of the total 4,558 properties with at least a foreclosure notice, which also included 475 Notices of Foreclosure Sales and 3,579 lis pendens, or notices of intent to foreclose. Total properties in the area with foreclosure filings in-creased 64. (Jacksonville Business Journal, FL)

    Real estate chat  Mar 26, 2008
    The lender will file a lis pendens, normally after three missed payments and the loan has gone 91 days past due. The process to take the home is not a short one though and today it can take anywhere from six to twelve months to take the home to auction and/or re-possess it. (The Palm Beach Post)

    Local housing crisis  Feb 19, 2008
    JS: If you are seeking a home that has yet to go back to the lender, you can work with a Realtor or on your own to find homes where the lender has filed a lis pendens ... In addition to which properties are coming up for auction, they also show when properties have fallen into default to the point where a lis pendens was filed and initial proceedings to foreclosure have been initiated ... In many cases, the lis pendens that has been filed may not be from a lender but could be either from a... (The Palm Beach Post)

    America's Rapidly Rising Foreclosure Areas  Feb 18, 2008
    For example, a homeowner faced with a notice of default--or the subsequent "lis pendens," or suit pending--can still avoid losing his home by restructuring payments or simply catching up on overdue ones. For those with no equity as the result of a zero-down payment or piggy-back loans, it's going to be harder, since they have nothing invested in the home and may find it difficult to work with lenders. (Forbes)

    First N.J. Lawyer Convicted Under Anti-Runners Law Heads for Prison  Feb 7, 2008
    A lis pendens on the property of the two lawyers will now be released, says Deputy Attorney General Andrew Fried. The case began when Allstate and Prudential insurance companies uncovered staged accidents and brought them to the attention of the state Office of the Insurance Fraud Prosecutor, which led to an undercover sting operation. (Law.com)

    Kuhn Cos. faces liens and foreclosures  Jan 26, 2008
    JDI, under the names JDI Adams Street LLC and JDI Laura Street LLC, filed lis pendens in local court in December against Kuhn, his company Kuhn Cos ... A lis pendens is a recorded notice of the filing of a suit, the outcome of which may affect the title of land. (Jacksonville Business Journal, FL)

    State going after real estate broker  Nov 17, 2007
    The liens, known as "lis pendens," were used to guarantee Mr. Platts a profit on sales because his real estate license had been revoked several years ago and he would not have been permitted to collect a sales commission. Amy L. Schulman, a deputy attorney general in the Bureau of Consumer Protection, filed a 54-page, 13-count complaint against Mr. Platts in Allegheny County Common Pleas Court. (Pittsburgh Post-Gazette, PA)

    Home loan crisis threatens LI economy  Nov 11, 2007
    In Brentwood, the number of initial foreclosure notices, known as lis pendens, rose to 227 in the first six months of 2007, from 98 in the first half of 2005, while Glen Cove went from 10 to 24 filings in the same period. In the coming months and years, experts say, foreclosure rates may worsen considerably, as borrowers find themselves unable to make their monthly payments and unable to find a way out. (Newsday -- Health)

    Report: Pre-foreclosure filings triple in September  Oct 26, 2007
    Florida lis pendens filings, when the bank first files the paperwork on a defaulted payment - the first step in the foreclosure process -- rose from 1,541 in September 2006 to 4,872 in September 2007, according to Default Research. Of those filings, more than 13 percent were condominiums, says Serdar Bankaci, Default Research president and CEO, in a prepared statement. (Orlando Business Journal)

    Historic home at center of protracted legal battle  Oct 23, 2007
    " Desselle said the trust has a "lis pendens" - or suspended - lawsuit pending against First National Bank and Ross, alleging improprieties by the bank. Such a lawsuit alerts a potential purchaser or lender that a property's title is in question, which makes the property less attractive. The case is to go before a judge in June of next year. Until then, Desselle said, the historical artifacts were not supposed to be touched. "From my understanding, despite the fact that there was no court order... (The Examiner)

    Stan Devereux  Sep 22, 2007
    The judge awarded the attorney's fees after he ruled that the city was not justified in filing a legal notice that Mohanna's and other owners' properties were the subject of a legal dispute, an official proceeding known as lis pendens. In the meantime, Mohanna has asked Mayor Heather Fargo to help settle the dispute, said Stan Devereux, a spokesman for the property owners. (Sacramento Business Journal, CA)

    K Street land owners win round one  Aug 30, 2007
    The judge in a lawsuit filed by the city in February has ruled that the city was not justified in recording what's known as a "lis pendens" on Mohanna's and others property in the 700 block of K Street -- essentially a notice that the property is tied up in litigation and buyers or investors should be wary ... Mohanna filed to have the lis pendens notice expunged ... Mohanna and others are also seeking attorney's fees for having the lis pendens notice expunged, but the judge has not ruled on... (Sacramento Business Journal, CA)

    We're No. 2 for foreclosures  Aug 21, 2007
    The filings include documents in all three phases of foreclosure: (1) default, which includes notice of default (NOD) and lawsuit pending, or lis pendens but you knew that. (2) auction, which includes notice of trustee sale (NTS) and notice of foreclosure sale (NFS); and (3) real-estate owned (REO), which includes properties that have been foreclosed on and repurchased by a lender. (The Palm Beach Post)

    Foreclosures Shrinking In Select Cities  Aug 16, 2007
    Foreclosures in the report includes defaults -- Notice of Default (NOD) and Lis Pendens (LIS); auctions -- Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS); and Real Estate Owned, or REO properties (that have been foreclosed on and repurchased by a bank). Unfortunately, the general trend remains escalating foreclosure rates, with 82 of the top 100 metro areas reporting year-over-year increases in the number of homes affected by foreclosure. (RealtyTimes)

    Lis pendens filings skyrocket in Flagler County  Jul 17, 2007
    The number of lis pendens filed in Flagler County skyrocketed 196 percent in the first half of 2007 compared with the first half of 2006. Latin for suit pending, lis pendens are recorded notices of a suit filing ... The Flagler County Clerk of the Courts filed 609 lis pendens from January to June 2007, up from 206 for the same period in 2006. (Jacksonville Business Journal, FL)

    Nigeria: Rights Advocate Attacks Court's Reinstatement of Governor  Jun 17, 2007
    com: Nigeria: Peter Obi - Supreme Court Judgement Wrong, But Final, Says Gani (Page 1 of 1). Use our pull-down menus to find more stories. (allAfrica.com)

    Buying Foreclosures "Not For The Novice"  May 22, 2007
    The period after a homeowner goes into default (misses one payment or more) and the lender files a public default notice to that affect (Notice of Default or Lis Pendens) is the period when the foreclosure process begins. You can find the notices in your local public records office or, for a fee, get them, with varying levels of detail, from on- and offline firms that track the data. (RealtyTimes)

    Artists trapped in gallery dispute  Apr 30, 2007
    His lawyer argues that Rayfield filed and recorded a lis pendens on Style de Vie's inventory. That's a legal document notifying others that there is a claim on the property. (The Palm Beach Post)

    SE Queens foreclosures skyrocket 57% during first quarter of 2007  Apr 20, 2007
    The Manhattan-based nonprofit is preparing its own report on foreclosures, based on court filings known as lis pendens, which mark the beginning of the legal action to foreclose on a home. Maps prepared by NEDAP show that the same areas that have high concentrations of high-cost loans also have the highest concentrations of foreclosures - southeast Queens, Corona and East Elmhurst. (Astoria Times, NY)

    Know the ropes before you buy a foreclosure  Mar 25, 2007
    When a lender decides to foreclose on a property, a lis pendens (Latin for "lawsuit pending") or notice of default is filed, depending on the state. This document is a public record, and it is the first step in locating a property in foreclosure. (Portland Business Journal, OR)

    Mediation Provision is an Important Part of the Real Estate Purchase Contract  Feb 28, 2007
    A lis pendens was filed by Van Slyke; the Daniels then also filed a lis pendens and a specific performance suit; and the Gibsons cross complained against Van Slyke. Paperwork grew exponentially. (RealtyTimes)

    Monroe County At Work  Dec 22, 2006
    They record deeds, deeds of trust, releases from mortgages, federal and construction liens, lis pendens (notices of suit affecting real estate recorded in the office), oil and gas leases and other items. In 2005, some 8,362 items were recorded in Monroe County. (Northeast Mississippi Daily Journal)

    Housing Counsel: No Deposit, No Contract  Dec 5, 2006
    In order for a buyer to put a "cloud" on your title, he not only has to file the specific performance lawsuit, but also has to file a "lis pendens" on the land records against your condominium unit. "Lis pendens" is a Latin word meaning "suit pending," and when that document is filed with the local Recorder of Deeds, it puts the world on notice that title to your property has been challenged. (RealtyTimes)

    Foreclosure Auctions Increase in Los Angeles and Miami  Nov 30, 2006
    - Lis Pendens (Pre-Foreclosures): The number of residential pre-foreclosures in NYC for the quarter (1468) dropped 10 ... "Comparing NYC Lis Pendens in Q3 2005 and Q3 2006, we see an increase in defaults across all boroughs; this may be indicative of a future increase in foreclosure rates City-wide.". (RisMedia.com)

    San Antonio among highest U.S. markets for foreclosed homes  Nov 11, 2006
    The RealtyTrac 2006 U.S. Metropolitan Foreclosure Market Report tracks properties in all three stages of foreclosure: pre-foreclosure, when a property owner receives a notice of default and lis pendens; foreclosures, when an owner receives a notice of trustee sale and notice of foreclosure sale; and properties that have been re-purchased by a bank. RealtyTrac () is an online national database of available properties for sale. (San Antonio Business Journal, TX)

    Borough drops suit against fire company  Sep 20, 2006
    The borough filed a lis pendens (notice of pending legal action) against the sale of the firehouse, which would have blocked the sale, said Mr. Barron. But, early on in the case, "we convinced the judge to release the lis pendens, and we said that we would put the net proceeds (from the sale) into court until the case was resolved," Mr. Barron said. (Hopewell Valley News, NJ)

    PBC foreclosures soar 266 percent  Sep 14, 2006
    RealtyTrac reports include all three stages of foreclosure: pre-foreclosure (notice of default and lis pendens); foreclosure (notice of trustee sale and notice of foreclosure sale); and real-estate-owned transactions (properties that have been foreclosed on and repurchased by the lender). Also, the delinquency rate for mortgage loans on one- to four-unit homes in Florida stood at 3. (The Palm Beach Post)

    PropertyShark.com's Quarterly Report Tracks Foreclosure Auctions in New York City, Los Angeles, and Miami  Sep 7, 2006
    -- Lis Pendens (Pre-Foreclosures): There was a very slight. 84%) decline in residential pre-foreclosures for New York City from the first quarter of 2006, but this follows a very large jump in pre-foreclosures over the last two quarters of 2005. (Primezone Releases)

    Beall's Outlet still fighting City Marketplace  Aug 31, 2006
    When Beall's Outlet first filed the suit, its attorneys filed "a lis pendens," a document that notifies the public -- and any potential lender -- that litigation is pending on a property. According to City Marketplace representatives, they need a clear title on the property before they can approach bankers or other lenders to finance the project. (Charlotte Sun Herald)

    Whittaker land quarrel heating up  Aug 31, 2006
    Jewell Whittaker filed for divorce from her longtime husband in May 2005 and since then has also filed Lis Pendens a legal notice that a dispute exists over the title of land in several counties where his businesses or organizations are located. Several of those were filed in the Putnam County Clerks Office. (Charleston Gazette, WV -- News)

    City commissioners discuss proposed budget  Aug 30, 2006
    " Clark also told the board there are two infra-structures that need attention, the Carnegie Public Library and the Friars Point Bridge. In other business, the commissioners: n Accepted the highest and best bids received for surplus vehicles, with three bids totaling $4,171. n Approved a motion to discontinue the city's contract with Coahoma County for emergency 911 dispatch for police calls. "I don't think we should give up our ability to tell our police officers where to go," said Curtis... (Clarksdale Press Register, MS)

    Atlanta, Dallas and Denver again Top List of Nations Ten Highest Metro Foreclosure Rates  Aug 12, 2006
    RealtyTracs report includes properties in all three phases of foreclosure: Pre-foreclosures Notice of Default (NOD) and Lis Pendens (LIS); Foreclosures Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS); and Real Estate Owned, or REO properties (that have been re-purchased by a bank). For more information, visit. (RisMedia.com)

    City hiring attorney for City Marketplace review  Jul 6, 2006
    As he has at prior council meetings, Wotitzky also said Beall's Outlet, as part of the suit, filed a "lis pendens," a document that notifies the public that litigation is pending on a property and can keep the developers from garnering money from banking and other lending institutions. While Beall's can still appeal the decision, Wotitzky said, the summary judgment is expected to free the developers from the lis pendens. (Charlotte Sun Herald)

    ForeclosureS.com Reports Foreclosure Rates Rising around Country  Jun 27, 2006
    "There have been over 2800 recent lis pendens filings in Queens, and almost 3000 filings in Kings County. You have to remember that New York is a city of renters with only about 25% of households being owner occupied," said Ms. McGee, "and the greatest percentage of owner occupied properties are in those two boroughs.". ForeclosureS.com has been analyzing markets, providing foreclosure lists and learning program and assisting investors since 1992. (RisMedia.com)

    City Marketplace's motivation questioned  Jun 22, 2006
    As part of the legal battle, Wotitzky said Beall's filed a "lis pendens," a document that notifies the public that litigation is pending on a property ... "We can't get any construction loans, and we can't get any additional financing as long as the lis pendens is in effect," Wotitzky said ... "The lis pendens encumbers the entire property.". (Charlotte Sun Herald)

    More of this story  Jun 18, 2006
    Last fall, a judge refused to stop the sale of the church, but allowed a notice called a lis pendens that the ownership of the property was under contention. Parishioners are ultimately asking that they, rather than the Boston Archdiocese, be declared owners of the property. (Brockton Enterprise, MA)

    Skilling wants frozen assets to be released  Jun 15, 2006
    Prosecutors did, however, place a legal stamp, known by lawyers as lis pendens, on Lay's $5 million Houston condo that made it more or less impossible to sell. They eventually plan to try to seize it. (AZCentral -- Business)

    Lawsuit snares housing plans  May 27, 2006
    Cummings said the notice, called a Lis Pendens, only arrived in city officials' hands after the deal was finalized. SPONSORED LINKS. (Las Vegas Review-Journal -- Nevada News)

    Powerful Aruba Family Sues Miami Law Firm for Malpractice  May 26, 2006
    Initially, Ezell drafted and filed a lis pendens, a claim on the property asserting that her clients were owed money from any sale that occurred ... According to the suit, Ezell advised the Mansur plaintiffs to withdraw the lis pendens and execute a release in favor of TotalBank and Interbank Aruba. (Law.com)

    Attorney's Affair With Criminal Leads to Litigation and Bankruptcy  May 18, 2006
    In July 2003, Hunterdon County, N.J., Superior Court Judge Edmund Bernhard denied DeSoto's motion to vacate Scaffidi's lis pendens on the Tewksbury property, finding that its continuation appeared necessary to prevent her unjust enrichment. It was "clear that the ownership of the property was not intended to go to Ms. DeSoto and that the proceeds were derived from Mr. Scaffidi," he held. (Law.com)

    Can we qualify for 2 tax breaks?  Mar 11, 2006
    Also, your attorney will probably suggest recording a "lis pendens" (litigation is pending) against the title to effectively prevent your seller from selling or refinancing the house. REAL ESTATE QUESTION. (Charlotte.com, NC -- Living)

    Realty Q&A: Move out or add on?  Feb 24, 2006
    "You can sue and file a lis pendens, which is notice of litigation affecting the property, and this would tie up the property," Nolan pointed out. "But in order for Holly to file the lis pendens, she would have to have an interest in the property; i.e., she would want to carry through with the purchase." The attorney warned that "to file a lis pendens when you're wanting only a money judgment and not the property itself, is a slander on title, for which she could be liable. So, beware the lis... (CBS MarketWatch - Front Page)

    Fee added at end of sale irks seller  Jan 28, 2006
    Depending on your sales contract and the exact facts, your real estate attorney might advise filing a specific performance lawsuit against the home builder for delivery of the completed home as agreed, and recording a "lis pendens" against the title to effectively prevent the builder from selling your home to another buyer. Buyer's market vs. seller's. (Charlotte.com, NC -- Living)

    With good credit, is PMI necessary?  Jan 22, 2006
    You might wish to speak to a local real estate attorney about recording a "lis pendens" against the title to prevent a title conveyance. Great tax shelter. (Charlotte.com, NC -- Living)


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