Can lis pendens be released in a Chapter 13?
Question Details:
3 years ago a man filed a lis pendens on my home. This man is now filing a Chapter 13, will this release the lis pendens? What can I do? I cannot afford an attorney to save my home.
A lis pendens is a document that notifies the world that there is some form of litigation that involves the subject property to which it is attached. I suggest that if this is not the case, that you wait until the guy's chapter 13 is finalized. after it is finalized you should file a lawsuit against him for clouding title. while you may not be able to afford a lawyer, you may be able to locate a pro bono lawyer or locate legal aid in your county (call the local courthouse). this lawyer can help you draft and file this type of action. you will be able to get attorney's fees and costs for this type of claim as well as damages (this action is statutory in nature). If you get a judgment and the guy is working, you can garnish his wages and force him to pay you. he wont be able to discharge this debt for several years as you have to wit at least 5-7 years to file again.

Are you a lawyer?
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