What does Lis Pendens mean? When a foreclosure notice is served upon a property, the lender must also deliver a legal notice to the owner indicating the time, day, and location of the foreclosure sale. The notice will typically be filed with the county clerk and states that a default judgment has been filed (an “affidavit of Default”), or that a bench warrant for the execution of a bench warrant has been issued. Either of these actions will give the property-owner twenty-one days to cure the default and submit to the foreclosure auction if they want to attempt to raise the funds to pay off the loan, or to show cause as to why the sale should not occur. If no money is raised, then the default continues and the home is sold to the highest bidder at auction.
Now, the question becomes what does pendens stand for in this situation? It’s important to remember that “pendens” refers to the right of the court to allow a lawsuit to proceed after the default has been cured. This means that after the default has been cured, a plaintiff can file a lawsuit against the defendant to recover the funds from them, or the plaintiff can submit a plea of default and request that the court allow a cure period is imposed, in which case the default is lifted, and a lawsuit will resume after this period. So, it is possible to have the pendens in the same situation as the default, but there is a clear difference between what does pending mean and what does not.
Here is another example to explain this point of what does pendens imply: Suppose that a Notice of Default has been submitted to the circuit court, and that the plaintiff has obtained an injunction to stop foreclosure while the case is before the circuit court. If the case were to move to a different court, such as the Eleventh Circuit, then the pendens would mean that the lawsuit was going to trial. In this instance, it would indicate that the lawsuit had been set for trial. If, however, the case was transferred to the Fourth Circuit, then the pendens would indicate that the lawsuit had been dismissed.
The plain meaning of what does lis pendens really mean is that a lawsuit is pending – This phrase is used so frequently in civil litigation that it is often considered a commonplace term. It is used in almost every instance where one party files a lawsuit in a legal process in which the other party has an interest. Even if the parties do not have an interest in the underlying litigation, it is used as a phrase of reference by many people because it indicates that a legal process is pending.
If a plaintiff has filed a lawsuit to recover money – for the losses suffered as a result of foreclosure, there are two very common types of filings to make with the county recorder’s office. The first involves a default judgment, which is issued by the court. A default judgment is simply a request that the court allow the plaintiff to collect monies that are due from a defendant who is in default on mortgage payments. If the defendant does not respond to the default judgment, then this document will be filed and recorded with the county recorder’s Office. The second type of legal terms refers to a complaint.
If you are confused about what does lis pendens mean – these terms are usually explained by a local court at the time of the filing of the lawsuit. In cases involving a breach of contract or similar action, both the plaintiff and the defendant must file legal documents that outline what exactly is required for their respective actions.
If you are unfamiliar with the legal terms involved in a lawsuit involving these terms, then you should consider hiring a qualified litigation attorney who can explain them in layman’s terms.
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