Sentences with phrase «pendens not»

Not exact matches

Second, if you're litigating a governance or ownership dispute between putative co-owners of a realty holding entity, it's usually not a good idea to file a lis pendens against the real property unless you (or your client) are prepared to pay the other side's legal fees to secure its cancellation.

With respect to the lis pendens expungement and accompanying fee award, the Third District determined that these were only reviewable upon a petition for writ of mandate (which did not occur) rather than an appeal.

A lis pendens differs from a construction lien in that (unlike the construction lien) it doesn't create a lien on real property.

The record also showed that the attorney was at most negligent: he mistakenly recorded a lis pendens that referenced (but shouldn't have) Wisconsin's construction lien statute.

Referring to the new Article 34 lis alibi pendens rule for proceedings pending ex-EU, ex absurdum, would there not be an odd lacuna if Article 34 required a stay where there were related non-Regulation foreign proceedings in a third party State and the position were not to be the same for equivalent foreign proceedings in a Member State?

To enforce your lien, you have 105 days from the last day of work and / or supply of materials (not from the date you registered the lien) to start a law suit in Supreme Court and to file a «certificate of lis pendens» at the Land Registration Office.

Because a lis pendens can only be about the property itself and not about the parties who have an interest in the property, there are two ways the lis pendens can be expunged, says Reiss.

In addition, while a property can still be sold while there is a lis pendens, title companies will not insure the property, and that alone should be a deterrent to purchasing.

All of 2011 we did not see very much foreclosure activity or many foreclosure lis pendens filings because 1.

The court ruled that since the Broker had obtained a judgment for the commission amount, she was not barred by the statute from filing a lis pendens notice against the property.

Sometimes homeowners don't even know that they have been served with the lis pendens.