How Long Does It Take to Remove a Lis Pendens?

If you’re in the midst of a real estate transaction, encountering a lis pendens can throw a wrench in your plans. This legal notice, filed in court, alerts potential buyers or lenders that a lawsuit is pending affecting the property’s title. The question on everyone’s mind is: how long does it take to remove a lis pendens?

Factors Influencing the Removal Timeline

The duration to remove a lis pendens is not fixed and depends on several factors:

  • The Nature of the Lawsuit: The complexity and nature of the underlying lawsuit heavily influence the removal process. A simple dispute might resolve quickly, while a complex case can take years.
  • Negotiations and Settlement: If the parties involved reach a settlement, the lis pendens can be removed promptly. However, if negotiations are contentious or unsuccessful, the process can be protracted.
  • Court Procedures: Judicial backlogs and court scheduling can significantly impact the time needed for a case to be resolved, affecting the removal of the lis pendens.
  • Jurisdiction: Each jurisdiction has its own rules and procedures regarding lis pendens, influencing the length of the process.

Steps to Expedite Lis Pendens Removal

While you can’t guarantee a quick resolution, here are some steps you can take:

  1. Consult Legal Counsel: Seek expert advice from a real estate attorney to understand your rights and options.
  2. Negotiate a Settlement: If feasible, try to negotiate a settlement with the parties involved in the lawsuit to expedite the process.
  3. File a Motion to Dismiss: If the lawsuit is deemed frivolous or without merit, you can file a motion to dismiss the case and the lis pendens.
  4. Be Prepared for Litigation: If negotiations fail, be prepared for litigation and understand the court procedures involved.

Conclusion

The time it takes to remove a lis pendens is highly variable and dependent on several factors. Seeking legal guidance is crucial to understand your situation and explore options for expediting the process. By proactively addressing the issue and navigating the legal landscape, you can mitigate the impact of a lis pendens and move forward with your real estate transaction.

Article By Fr4nk