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Time is still on your side however, because similiar to a notice of default, a Lis Pendens is the very first step taken by most alleged Lenders and/or Servicers when seeking foreclosure action against you. What's important to understand are the specific actions your alleged Lender and/or Servicer have commenced as well as their plan of attack for the sole purpose of removing you from your property and foreclosing.
The Lis Pendens is first filed with the local courthouse for the sole purpose of creating a record on file and giving legal notice to all parties of interest that a lawsuit involving the property has commenced. One of the additional reasons for which the alleged Lender and/or Servicer has filed the Lis Pendens is to protect their alleged rights and interests in the property and to make certain that those alleged rights are not severely affected should they decide to continue with the lawsuit and have success on the merits they seek.
Lis Pendens are most popular in states such as Florida, Texas, Illinois, Georgia, Michigan, North Carolina, New York and Parts of California. In most states, the consumer has approximately 20 to 30 days to respond to the initial Lis Pendens by filing a timely answer or perhaps a motion to dismiss. More often times then not, consumers facing foreclosure simply fail to respond to the Lis Pendens, which in-turn allows the alleged Lender and/or Servicer to seek a default judgement against the consumer.
For Example in states like Florida and California (as well as the vast majority of states nationwide), the foreclosure process generally speaking works likes this:
Step 1: "Alleged" payments to an alleged Lender and/or Servicer are missed;
Step 2: A Notice of Default is issued to you the consumer;
Step 3: A Lis Pendens also known as formal notice is given, thereby acknowledging to you the consumer, that a lawsuit has begun, therefore starting the foreclosure process;
Often times more then not, the notification process is skipped, violated or conducted with a degree of fraud; however, like the old saying goes, a blind eye cannot see. At this stage, the consumer still has several options to contest the foreclosure in addition to stopping it; Quiet Title being one of those options. This process however is detailed and would require a consumer to firmly evidence all elements of fraud, including but not limited to:
Break in the chain of title
Some of the grounds in which a consumer facing foreclosure fraud and a Lis Pendens could move forward and pursue Quiet Title are:
1. Adverse Possession – An action in which the new homeowner decides to brings forth a suit to obtain title in his or her name
2. Fraudulent Conveyance – An action in which the property is conveyed by a forged deed or missing assignment, robo-signers, Securitization etc.
3. Competing Claims – An action in which numerous companies, parties or individual(s)
For consumers seeking to learn more information about Lis Pendens, Quiet Title, Securitization and determining if you’re a victim of Foreclosure Fraud, please Click Here or visit http://LisPendensx.com
LisPendensx.com is an informational based consumer website focused on providing Lis Pendens, Quiet Title, Securitization and other related foreclosure information to consumers nationwide. For more information about Lis Pendens, Quiet Title or related search topics, please visit our website at http://www.LisPendensx.com.