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#1
10-13-2008, 09:59 PM
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Lis pendens?!!!What is the name of your state (only U.S. law)? GA Tell me something. What does it mean when a borrower files a lis pendens? |
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#2
10-13-2008, 11:02 PM
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| That he's playing games and wants to get sued until he doesn't know which way is up?
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#3
10-13-2008, 11:23 PM
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| [url=http://en.wikipedia.org/wiki/Lis_pendens]Lis pendens - Wikipedia, the free encyclopedia[/url]
__________________ "Takin' the easy way" isn't an easy way. -- 2nd Chapter Of Acts |
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#4
10-14-2008, 10:51 AM
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| Tran...Is that a legal expertise answer or did u just blurt out the first thing that came to mind? I am looking for a legal definition, not such luducracy. EVERYONE....In other words if I am misunderstood, I know that that the technical terminology indicates that the borrower has foreclosed, but it was implied that when it is brought by the borrower the bank is being sued. Is this "LEGALLY" correct? And if so what grounds would justify this action. B/C in addition to reading on lis pendens (a law suit pendind) it indicates that a person who has interest in the property can file. therefore I am led to querry, could there be some MESS UP on the bank's side to generate such a response? I am not quiet sure of the various angles of a lis pendens as it applies to the law so I am asking for expertise insight. |
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#5
10-14-2008, 02:06 PM
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| OK, all legal like. Lis pendens is notice of suit and a potential claim regarding a property. It puts people on notice the property is involved with a lawsuit and encumbers the property. Since it alienates the property to so extent, incorrectly putting one on a property without sufficient cause will have the one who filed it be subject to multiplied damages. I am uncertain, without intense and specific facts, on how a borrower (and I assume, owner) would benefit from one without the property being in foreclosure in some way and the owner's rights were being terminated. Then, the forclosed property owner says he is going to sue and files a lis pendens in the hope of staying in the home longer. It won't work and will subject the borrower to penalties. (I guess if the borrower is not the owner there could be something.) As with all things on the list, real answers require facts. Since you have supplied none, the answer I gave was based on my assumptions of what possible reasons why a borrower might file one.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#6
10-14-2008, 04:18 PM
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| NOW that was a more legitimate answer, that I can appreciate. I actually went down to the court house and you are correct to a degree there was a lawsuit filed by the owner against the bank in regards to foreclosure proceedings they (th bank) mishandled, or filed incorrectly. Therefore there is a Federal Stay in regards to the property. Although a little late you did give me something to look into, from you latter response and I understand that without the all the pertinent facts, you could not go any further with your answer. However, what you provided was sufficient and supported my findings. Thanks a bunch and if I have any further questions I will post.... |
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