• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How is a Lis pendens removed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



Happy Trails

Senior Member
John Se said:
What is the name of your state? AZ

How does a litigantremove a lis pendens from a property?
Satisfy the problem of the pending lawsuit. The "lis pendens" alerts potential buyers that there is a pending case and will remain against the property until the case has been settled and the debt has been satisfied. If you believe the pending lawsuit is wrongfully applied to the property, you can petition the court to have it removed. If you are correct, and the person who filed the "lis pendens" (is found to have filed it falsely) they will be subject to payment of attorney's fees as a penalty.
 
Last edited:

Happy Trails

Senior Member
If it was filed falsely

I found this in the Arizona statutes:

33-420. False documents; liability; special action; damages; violation; classification

A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action.

I don't know if this information will be helpful or not.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top