Property disputes happen all the time and sometimes they can have some very bitter ends as has been represented in popular culture through many movies. In this piece we have will have a close quick at lis pendens florida and the different ways in which it can be dealt with. A lis pendens is actually a burden that gets registered against properties in situations where they are ongoing court process and especially under circumstances where a claim has been made on the estate. A lis pendens is actually about a “blocking mechanism” that can easily delay the sale of a property by sending a notice to the purchasers and reminding them of a dispute that might be affecting the property that has been put on sale. A lis pendens is used many times and the problem is that sometimes it has a lot of potential for abuse. Sometimes a lis pendens can effectively reflect that there is a genuine dispute on the property but other times this can be misused because there are no reviews at the point where lis pendens are registered to effectively determine the existence of a genuine dispute. For successfully registering lis pendens florida, proceedings only need to be issued and they don’t necessarily have to be served. If there are litigants that are relying on lis pendens florida then it is advised for the proceedings to be served and notice to be given of the intention of registering lis pendens florida.
Why does it make sense to register a lis pendens?
Sometimes a lis pendens is used to prevent owners of properties for disposing their interest in the same by sending notices to potential purchases and reminding them that there is a dispute in the property that they are interested in buying. What this means is that, a lis pendens florida can actually make it very difficult for property to be sold or to be mortgaged until the action that has been invoked is heard or until the lis pendens has been successfully removed as a burden. Sometimes a lis pendens florida is also used as an excellent mechanism by lay litigants from preventing receivers or banks from dealing with the properties that have been charged. If a genuine bona fide dispute exists between the concerned parties that might be affecting a property, then the registration of the lis pendens florida turns out to be a very cost-effective step of putting the third parties on notice that there is a dispute involved in the property. Eventually what happens is that all rights that have been claimed in the proceedings need to get established by a court order and this is something which is only followed after a full court hearing where the facts of a case have been successfully determined.
Here’s how a lis pendens can be removed
It is actually possible to remove a lis pendens but it can be removed only with the consent of the person who has registered it and only by obtaining a court order for the same under Section 123 of the 2009 Act. An application for removing lis pendens can actually be made under the 2009 Act if there has been unreasonable delay in prosecuting the action or if the action has not been prosecuted in good faith. It must be noted that registering lis pendens florida is actually an administrative process that can occur without the intervention of any court and without the input from solicitors as long as the proceedings have been issued on time. In contrast, there overall procedure to cancel and even removing lis pendens without taking the actual consent of the party who registered it in the first place can actually prove to be onerous and it might entail substantial costs and a lot of delays. Further the process of registration is very simplified so there is always a chance of the process getting abused because there is no need for a stateable case to prevented before the courts.
The Bottom Line
In today’s day and age, the bar for registering lis pendens florida is actually much lower in comparison to the steps required to remove it. There is actually no adjudication on the merits of lis pendens at registration and sometimes this can actually be abused. One of the most important reforms would be to consider the different criteria for registering lis pendens under the 2009 Act, especially at the time of the application.