In states such as California, Florida, New York, New Jersey, North Carolina, Illinois and others not mentioned... in order for a foreclosure to proceed, the court clerk must determine if the following elements exist:
1. There exists a valid debt of that your party seeking to foreclose is the holder;
2. There is a default;
3. The party wanting to foreclose has the right to foreclose beneath the instrument;
4. Has the Pretender Lender given you proper notice of the foreclosure;
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The term 'Lis Pendens' can likewise be used generally to explain any suit pending against property, or it can suggest a particular document and formal notice filed against a property, such as in judicial states or states that administer a judicial foreclosure process, which include but are not constrained to:
Florida, Texas, Illinois, North Carolina, Michigan, NYC, parts of California as well as some other states not mentioned.
Further miscommunication can arise for homeowners where in which a state such as North Carolina, as well as several others referenced above, are primarly known as Non judicial states; while this in fact is true, what most consumers fail to realize is that although the foreclosure process in such states are Non Judicial, there still exists the ability to conduct a foreclosure via a judicial process, making a state both judicial and non judicial. According to LisPendensx.com, judicial states as noted above, "Lis Pendens serves as good notice to any and all parties associated directly or indirectly with alleged interest in a property, that the plaintiff is officially persuing a course of legal action to protect their rights and interest to it."
In matters dealing specifically with foreclosure, Lis Pendens serves as notice (also known as a notice of default) to the consumer and all parties of interest that an alleged default on an underlying debt obligation has taken place. In instances as such, Lis Pendens is comparable to a notice of default in states that conduct foreclosures through the non judicial process.
LisPendensx.com is a web site comprised of video content for consumers seeking to educate themselves more on Lis Pendens, Securitization, Quiet Title and the foreclosure process.
Another important point to mention is the potential of an existing Lis Pendens that may have been filed unbeknownst to the consumer. According to Lispendensx.com, "in many foreclosure scenarios, the alleged servicer or lender who records the Lis Pendens doesn't in reality have the right to file suit against the consumers home, nonetheless they commence with the processing anyway. Some states require the Lis Pendens filer to display that they have 'just cause' or perhaps a excellent probability to succeed on the merits of the suit if any challenge over the property occurs."
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LisPendensx.com is an online web site focused on delivering Lis Pendens and foreclosure defense reletated content to consumers. For more information about Lis Pendens, Quiet Title or related foreclosures topics, please visit our web site at http://www.LisPendensx.com