How do we response to lis pendens on our home that is facing short sale in Florida?
Full Question:
Answer:
A lis pendens is simply a document recorded on the land records to let the public know, specifically anyone interested in the real property, that an action is pending in the cour that could affect the title to the property. It is not something that is answered per se unless you believe it was filed in error, such as it pertains to a different property or different individuals.
However, if you are seeking to dispute or answer the underlying action which I assume would be a pending foreclosure action, you would have to file an answer with the court. The lis pendens may refer to the actual court information.
A foreclosure in Florida begins when a lender files court action and records a notice of a pending lawsuit (Lis Pendens) against the borrower. The lender notifies the borrower and any other affected parties in person or in some cases by mail or publication. If the borrower does not respond to the court action within a specified amount of time, the county clerk can find the borrower in default and the lender can ask the court to make a final ruling. If the court rules against the borrower, the ruling will include the total amount owed to the lender and the foreclosure sale date.
The lender is not required by state law to notify the borrower before initiating the foreclosure process, but individual mortgages or deeds of trust might call for this. The borrower can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender.
