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When can a lis pendens be filed?

On Behalf of | May 10, 2022 | Real Estate Litigation |

Getting a divorce in the state of Florida can be a complex process. The waters can be made even muddier when there is real estate to be dealt with. The home may be in your name. However, your former spouse may attempt to procure a portion of the property. In this case, they may file a lis pendens against you.

Lis pendens filings can complicate a divorce

The prospect of a lis pendens being filed is always a possibility when it comes to dealing with real estate disputes. This is all the more true if the case is complicated by being part of a larger divorce dispute. A lis pendens will affect the sale price of a home, as well as the mere possibility of a sale, in a very negative manner.

The point of a lis pendens will be to warn a prospective home buyer that the ownership of the property that they are looking at is in dispute. It further serves notice that a lawsuit over the matter will be taking place shortly. A lis pendens can be filed only if there is a specific claim connected with the home.

Situations where a lis pendens is commonly used

A lis pendens can be filed in order to force the spouse who is trying to sell the house to make a full disclosure to their prospective buyers. This forces the seller to hang on to the home until the matter is settled by a court.

A lis pendens is also used by lenders who have already filed a notice of default. This is a notice that is served to a borrower who has been found to be delinquent. They will use a lis pendens to let the public know the property is in foreclosure.