foreclosure and lis pendans

[dla1026]

What is the name of your state? Georgia

i was recently in process of being foreclosed on, but I filed a lis pendans with the county then the state on the premise that the mortgage company may have been fraudelent, because I am a victim of predatory lending and part of the mortgage meltdown. my question is how long do I have, what is the process or length of time for Lis Pendens, how long do i have in my home and can i sell in the meantime? how long can i stay. what is the outcome? i am trying to hold off until we get a new president who may be able to help some people like me.

[FlyingRon]

A LIS PENDENS will not stay anything. All it does is put buyers on notice that there is a contested issue on the title. I have no idea what you mean you filed a lis pendens with the state. The Lis is attached tot the property (i.e., the county records).

The lender almost certainly also filed a lis pendens. You can sell, but buyers are put on notice by the presence that there are multiple lis that there may be problems.

Your "mortgage meltdown" and "predatory lending" are most likely going nowhere. Have you filed a suit on these? If not your lis is invalid anyhow.

[dla1026]

yes i have filed a suit on the lis pendens.? is there a statue of limitations or bc i filed suit am i awaiting a court date?

[FlyingRon]

Your lis will not stop the foreclosure, it just clouds the sale indicating that it may be rescinded due to the lawsuit.

Statute of limitations on what?

Do you have a lawyer or are you just doing this by guesswork?

[dla1026]

i am working with a legal aide sort of like a paralegal they prepared my documents, i have not received any correspondence from the mortgage company in 4mos or so. i am still living in the property and dont want to come home one day with my belongings out on the curb. i just wanted to know if anywone would contact me or am i waiting for a court date . .and can i pull the lis pendens at any time and sell?

[FlyingRon]

The bank almost certainly also filed a lis pendens if there is a foreclosure suit.
However, most will not stand in the way of a sale if it will clear the amount they are owned (or even comes close).