lis pending ?

[phas]

What is the name of your state? ky
Discover got judgement on my husband. we appealed but they filed a lis pending.
? is can we still sell our property or does the lis pending stop that?
thanks for any advice

 

[I AM ALWAYS LIABLE]

What is the name of your state? ky
Discover got judgement on my husband. we appealed but they filed a lis pending.
? is can we still sell our property or does the lis pending stop that?
thanks for any advice

My response:

It's called a "lis pendens" and yes, it puts the brakes on selling your home.

IAAL

 

[phas]

so we can't sell, but with the lis pending can they take the house.

 

[Ladynred]

The term is "lis PENDENS". It DOES mean that something is pending - a dispute. You appealed the judgment -- that is the dispute and the 'lis pendens' is their way of putting all kinds of things on hold - including the sale of your house.

Have you filed your EXEMPTIONS ?? That may protect your house anyway, but it may not stop a lien.

 

[I AM ALWAYS LIABLE]

The term is "lis PENDENS".

MY RESPONSE: I had already said that. There was no need to repeat the information.



It DOES mean that something is pending - a dispute.

MY RESPONSE: No, it does not mean that. It's not the "dispute" that's pending. Lis Pendens has nothing to do with whether there's an ongoing "dispute." A Lis Pendens can only be used when there's a dispute that directly concerns the property itself, and a judgment could have already been made; e.g., the case is over and there's no more "dispute. All that's left is a secured judgment to be paid. That's not a "dispute."




You appealed the judgment -- that is the dispute and the 'lis pendens' is their way of putting all kinds of things on hold - including the sale of your house.

MY RESPONSE: "All kinds of things"? Name something else where a Lis Pendens is used in the litigation process, with the exception of Real Property.




Have you filed your EXEMPTIONS ?? That may protect your house anyway, but it may not stop a lien.

MY RESPONSE: Exemptions? Are you trying to refer to a Homestead? What the hell are you talking about?? Geez, normally you're very good when you respond - - but in this thread, you're so "off" it's not funny.

It's time for you to crack open your law books again - - or, at least, a dictionary.


IAAL

 

[phas]

no, havn't filed exemption. How do I find out where to look up KRS 427.060
at and how to uderstand it? thanks

 

[I AM ALWAYS LIABLE]

no, havn't filed exemption. How do I find out where to look up KRS 427.060
at and how to uderstand it? thanks

My response:

Are you planning to file Bankruptcy?

IAAL

 

[phas]

checked with bankruptcy lawyer. Said we had to much equity in the house.
and don't make enough for 13.

 

[Ladynred]

I DID check a legal dictionary and this is what it said:

Lis pendens
Latin: a dispute or matter which is the subject of ongoing or pending litigation.

Exemptions - YES. They have a judgment against them, they are entitled to exemptions from execution and that does include a homestead !


KRS 427.60 can be found here:
http://www.lrc.ky.gov/KRS/427-00/CHAPTER.HTM

KY only allows you a 5K homestead exemption.

Your total income has NOTHING to do with whether or not you can file Ch 13.
Ch 13 means that all of your DISPOSABLE income goes to pay your creditors thru the bankruptcy plan. How much you pay depends on how much dipsosable income you have. You have to HAVE an income for Ch 13, but its NOT based on HOW MUCH your income is.

I suggest you talk to another lawyer about this.

How much equity in your home ?? Its unlikely they would force the sale of your home, though they could place a lien on it. A lot depends on the amount of your debt vs. the amount of your equity. If the debt is really high, then forcing a sale may be worth it to them. If not, forcing the sale of your home is not a simple process and most creditors won't bother.

 

[I AM ALWAYS LIABLE]

I DID check a legal dictionary and this is what it said:

Lis pendens
Latin: a dispute or matter which is the subject of ongoing or pending litigation.


MY RESPONSE: Yes! But, you didn't know that earlier! You only know that now because the writer has just stated it. "Pending Litigation" concerning the Real Property; e.g., a foreclosure, or a Second Mortgage. Answer my other questions to you!


Exemptions - YES. They have a judgment against them, they are entitled to exemptions from execution and that does include a homestead !

MY RESPONSE: Wrong! I knew you'd fall for it. Exemption has NOTHING to do with homestead and the Lis Pendens. Exceptions can only be used IF our writer files BK - - and not before.




KRS 427.60 can be found here:
http://www.lrc.ky.gov/KRS/427-00/CHAPTER.HTM

KY only allows you a 5K homestead exemption.

MY RESPONSE: I read it, and it only has to do with BK, and I was the one who first mentioned that concept. You had no idea that this is where our writer was headed. You merely suggested "exemption" as if THAT would somehow protect them from the judgment and the Lis Pendens. It doesn't.




How much equity in your home ?? Its unlikely they would force the sale of your home, though they could place a lien on it.

MY RESPONSE: Wrong! The "forced sale" is the next step. The Lis Pendens merely stops our writer from selling and running off with the money. The next step is a Writ of Execution to have the home sold off to pay the judgment.



A lot depends on the amount of your debt vs. the amount of your equity. If the debt is really high, then forcing a sale may be worth it to them. If not, forcing the sale of your home is not a simple process and most creditors won't bother.

My response: Really? Won't bother? Well, Lady, they've recorded a Lis Pendens which expires after a certain length of time. So, the judgment creditor had better "get off the pot or piss" - - and that means forcing a sale of the home.

IAAL

 

[phas]

70,000 on house at PVA office. income is 1277 month, we barely make due now.

also how long is a lis pending good for?
and how long does it take to go through appeals court?
thanks

another ? is can they sell the house with both are names on it and his is only on the card?

 

[Ladynred]

Yes! But, you didn't know that earlier!

I knew it when I added my first response BECAUSE I LOOKED IT UP FIRST ! I'm not a latin student, dead language, so I looked it up in the legal dictionary - not AFTER you challenged me on it.

Exemption has NOTHING to do with homestead and the Lis Pendens. Exceptions can only be used IF our writer files BK - - and not before.

I know you're a lawyer, but where the hell do you get that ?? KRS statute is straight out of their CIVIL Code and it says that the exempions apply to judgments, NOT JUST bankruptcies. 'Splain it to me otherwise.

427.010 Exempt personal property and disposable earnings of individual debtors.

(1) The following personal property of an individual debtor resident in this state is exempt from execution, attachment, garnishment, distress or fee-bill: All household furnishings, jewelry, personal clothing and ornaments not to exceed three thousand dollars ($3,000) in value; tools, equipment and livestock, including poultry, of a person engaged in farming, not exceeding three thousand dollars ($3,000) in value; one (1) motor vehicle and its necessary accessories, including one (1) spare tire, not exceeding in the aggregate two thousand five hundred dollars ($2,500) in value; professionally prescribed health aids for the debtor, or a dependent of the debtor

Unless this has something to do with what you're going on about:

427.060 Homestead and burial plot exemptions -- Exceptions.
In addition to any exemption of personal property, an individual debtor's aggregate
interest, not to exceed five thousand dollars ($5,000) in value, in real or personal property that such debtor or a dependent of such debtor uses as a permanent residence in this state, or in a burial plot for such debtor or a dependent of such debtor is exempt from sale under execution, attachment or judgment, except to foreclose a mortgage given by the owner of a homestead or for purchase money due thereon. This exemption shall not apply if the debt or liability existed prior to the purchase of the property or the erection of the improvements thereon.

426.005 Personal judgment in action to enforce mortgage or lien -- When mortgage may be enforced.
(1) In an action to enforce a mortgage or lien, judgment may be rendered for the sale of the property and for the recovery of the debt against the defendant personally.

(2) In an action to enforce a mortgage or other lien, a sale of the property may be ordered without giving time to pay money or do other act.

426.010 Execution against property may issue on personal judgment.
If a final judgment in personam is rendered in any court of record in this state for an ascertained sum of money, with interest and cost, or for either, an execution against property may issue thereon.

Then we have another mention of the homestead exemption of 5K

427.080 Valuation and allotment of homestead exemption.
(1) No sale under execution, attachment or judgment of property occupied as a homestead shall be had until the officer executing the writ or judgment has the part thereof selected by the defendant as his homestead exemption, not to exceed five thousand dollars ($5,000) in value, valued under oath and set apart to him by two (2) disinterested housekeepers of the county. These appraisers shall be selected by the court or officer, and if they disagree the officer making the sale shall act as umpire.

(2) The valuation shall be in writing and signed by the person making it and returned to the court. The officer shall refer to and explain the proceedings in his return on the execution, which shall be recorded in full.

Just because they legally CAN force the sale of the home doesn't mean they WILL. You know as well as I do that its not a simple process to take someones home away. If the OP only owes a few thousand $$, Discover has to go thru the entire foreclosure process just to get that few thousand ?? They'd only be able to keep what they're owed (plus costs) and they'd have to PAY the homeowners the 5K exemption amount they're entitled to, and give them back any excess.

 

[I AM ALWAYS LIABLE]

My response:

Oh, God. Deliver me from the ignorance!

You're quoting laws FROM the Bankruptcy Code! You can't USE these laws without first filing Bankruptcy!! You can't get an exemption on a judgment without a BK.

Lady, you're just convoluting this thread in your attempt to dig yourself out.

IAAL

 

[Ladynred]

IAAL - I took those statutes STRAIGHT OUT OF THE KENTUCKY CIVIL CODE. I didn't do any searches for BANKRUPTY code.

You're just being arrogant. You're the lawyer, look up the Kentucy Code yourself !! http://www.lrc.ky.gov/krs/titles.htm

Kentucky Revised Statutes

List by Title

TITLE XXXIX - PROVISIONAL REMEDIES, ENFORCEMENT

CHAPTER 425 PROVISIONAL REMEDIES
CHAPTER 426 ENFORCEMENT OF JUDGMENTS
CHAPTER 427 EXEMPTIONS
CHAPTERS 428 TO 430 (Not yet utilized.)

I was NOWHERE NEAR the bankruptcy laws. You know as well as I do that they often overlap when it comes to exemptions.. geez. I posted Chapters 426 and 427. They do NOT say 'bankrutpcy'.

You're a CALIFORNIA lawyer.. maybe that's the problem..

You and those nut jobs sitting on the 9th Circuit bench.

 

[Ladynred]

Ok IAAL --lawyer.. I think you should read THIS out of the KY statutes:

http://www.lrc.ky.gov/krs/426-00/720.pdf

Notice that is says that the notice MUST contain the following verbage ??

426.720 Final judgment to act as lien on realty -- Judgment creditor's notice requirements.

"Notice to Judgment Debtor. You may be entitled to an exemption under KRS 427.060, reprinted below. If you believe you are entitled to assert an
exemption, seek legal advice.";

Before that is says:

(1) The judgment creditor or his counsel shall file with the county clerk of any county a notice of judgment lien containing the court of record entering the judgment, the civil action number of the suit in which the judgment was entered, and the amount of the judgment, including principal, interest rate, court costs, and any attorney fees;

(2) The county clerk shall enter the notice in the lis pendens records in that office, and shall so note the entry upon the original of the notice;

So, it looks to me like this Lis Pendens is S.O.P. for a judgment creditor to place a lien on property in KY.