After a house is foreclosed on, what happens with a lis pendens?
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After a house is foreclosed on, what happens with a lis pendens?
In my divorce my lawyer put a lis pendens on the residence. The house since has gone into foreclosure. The bank’s attorneys havesent a release of lis pendens. Why should I sign this? What is in it for me if Ido; what happens if I don’t. I know it is good for 15 years.
Asked on November 9, 2010 under Real Estate Law, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A lis pendens is the first step in a foreclosure process and notifies all those who have an ownership interest in the property that the ownership is subjectto change. Are you sure that he filed a lis pendens? Did you owe your attorney a fee from the divorce proceeding? The Florida law must permit the attorney to file such a document for their fee. The bank wants to sign it to say that there is no other impediment on your property other than the mortgage and the taxes. The bank probably wants you to sign it so that they can foreclose the property without having to pay other liens that have been filed. Call them. Ask them if they are going to satisfy the lien by your attorney? It does not sound like it. I would venture to guess that if you do not sign it then the attorney will be notified of the foreclosure and will have a right to be paid from the proceeds, if any. Get some advice in your area. Good luck.
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