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Lis Pendens

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stb-u

Junior Member
What is the name of your state? Arizona
I am a real estate agent in AZ. This past week, 2 1/2 hours before a vacant land transaction was going to record, another agent filed/recorded a Notice of Lis Pendens. Everything to do with this deal came to a halt. Here are the circumstances.
Buyer (also a real estate agent) submits contract in her and her husband's names and/or nominee. Another agent who lives across the road from said property, approached buyer to see if he could get in on the deal--she buy 2 acres and he buy 2.5 of the total 4.5 parcel. She first says ok, but ends up making the "nominee" her Mom. Mom said "no", she wants to keep the entire 4.54 acres. This makes agent across the road furious. He really wants that 2.5 acres. Buyer, her husband and her Mom (the nominee) all sign the closing docs and take off on vacation out of the country. Seller drives to AZ from Arkansas to sign closing docs. Agent across the road getting angrier and angrier. 2 1/2 hrs before docs are to record, he files/records Lis Pendens.

What can we do to get this property released and get it closed? Agent across the road has no right to mess up this deal. Seller does not have any money and cannot afford an attorney.

What can be done?

Thank you.
 


movinouttahere

Junior Member
I am going through the same thing, and have had to hire an attorney. However, the only recourse at this time (that I know of) is filing a counterclaim to the lis pendens in order to get the cloud on the title removed. If the counterclaim is proven false, substantial penalties are forthcoming. ie., the one filing the false claim can be held responsible for the loss of the sale of the home, any lost profit from the house, any higher interest that was paid, and the cost of removing the lis pendens.
 

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