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How to leverage The Notice Of Lis Pendens Minnesota Uniform Conveyancing ?

I try to Steve fonder we're back we're.talking in this video about the Liz.pendants.okay the Liz pennons this is a.misunderstood concept we get it over and.over and over and over again so I.decided it's time to put down a video to.kind of give you the basics so you.understand.Liz pendants now this pendants is really.just a fancy name for litigation pending.notice of litigation pending so let's go.without further ado to the attorney.Steve litigation white board okay so.here's what happens okay so this is the.Liz pendants okay and a lot of people.will ask me they'll call and they'll say.you know hey attorney Steve I want to.file a Liz pendants and I say okay are.you filing a complaint and they're like.well no I just want to cloud the title I.just want to file this pen as I say hold.on hold on okay let's go back notice of.Liz pendants means litigation is pending.so you have to basically take a look.here so you need to file your complaint.okay so you file your complaint whatever.it is but your complaint has to relate.to title or possession of real property.let's say it again.your complaint has to relate to title or.possession of real property the.plaintiff has to be alleging I have some.right to title or possession of real.property okay so you file your complaint.then you file your Liz pendens okay so.when you're involved in these things.you're going to want to prepare your.complaint you're going to want to.outline in your complaint why you're.entitled to title or possession maybe.it's a quiet title case who knows.sometimes it's a wrongful foreclosure.case where you're saying you know they.have no right to foreclose on me I need.to cloud the title there's going to be a.foreclosure sale there's a foreclosure.sale coming here so you may be saying I.need to file my lawsuit and file the Liz.pendants now let's talk about usually.before you're going to follow this.pendants usually there's time and you're.going to notify your oppose.parties one thing we like to do is send.a demand letter tell them what's going.on.tell them we're challenging title and.possession to real property give them.notice of your intent to file your lists.pendants okay so you want to put it put.the other parties on notice whoever.those parties are so you got your.complaint your list pendants now your.list pendants this is an Elizabeth but.I'm going to just show you is really.nothing more than a recorded document.it's not you know some people think it's.what is it it's this big thing no it's a.it's a recorded document usually two.pages and all its going to have is it's.going to inform it's going to inform.about what this case number is okay so.in other words you want to get your case.number so say it's you know BC something.something something something you're.going to have a case number for your.civil case you're going to want to put.that on your list pendants okay and so.you're going to have your case number.you're going to be informing in the.chain of title you're going to be.informing them what the case number is.who the parties are and you're going to.have a legal description okay you're.going to have a legal description of the.property now usually you attach that as.an exhibit you put the property address.the common common street name but attach.a legal description of it okay and then.you're going to notarize this you're.going to want to get that notarized and.you're going to want to submit the.original signatures don't botch this the.original signatures okay blue ink I like.the blue ink okay everybody knows blue.ink is an original looks original right.so you're going to want to do that so.that's really the basics of drafting.Allah spendings is not overly cumbersome.but you need to make sure you're meeting.the requirements giving the notice.you've got your complaint filed you see.how this works and so so file your.complaint this is with your superior.court usually could be your federal.court depending on what type of case you.are and where does your list pendens get.filed how does that work okay if you.said County Recorder you are an attorney.Steve a student top of the class you're.moving up you're going places the list.pendants.goes to the county recorders office in.the county where the property sits of.your properties in LA County San.Francisco County whatever you're going.to go to your county recorders office in.that County and you're going to record.your document so that's why you need it.all nice and neat you're going to need.to meet the requirements of your county.recorders office these are the general.requirements check there may be others.but in general this is what you're.looking at you record it now what.happens when you record a Liz Penance.some people mistakenly believe when you.record a Liz pendens that you have just.stopped your foreclosure sale for.example no it does not have that effect.it is not an injunction you may be.seeking an injunction over here you may.say well in addition to recording that.I'm going to seek my injunction or trro.temporary restraining order you may be.doing that in your Superior Court case.yes.but your Liz pendens is not going to.stop any foreclosure sale HOA.foreclosure primary first lender.foreclosure second lender foreclosures.not going to do that what it does.basically is cloud's title okay.clouds the title what does that mean.okay that means if somebody is coming in.and they're going to want to buy your.property or some your your concern that.somebody's going to come in and try to.to you know assume the rights of the.property take over property you know.kick the boner off the property evicted.under those kinds of things the county.the this pendant is going to get what we.call constructive notice constructive.notice to the rest of the world that.there is a cloud on the title so if you.then have a third party that comes in.that's a person there if you can't tell.if you have a third party that comes in.and wants to buy the property they're.going to be buying subject to let's go.for read here they're going to be buying.subject to this Liz pendants or subject.to the clouds in other words they're.buying into a potential right to lose.the property in the litigation process.okay.giving notice of this it's in the chain.of title it's in the chain of title you.can be picked up by any third parties.and so these third parties cannot be.deemed what we call bona fide purchasers.for value because they have notice they.have notice of the claim to the property.to notice of title or possession the.claim by the plaintiff okay so that's.basically what a Lisbon's is and then.what usually happens is you go and you.fight your case out at some point down.here let's say you get your case settled.hopefully or you take it to a trial you.win by verdict and then at some point.either you're going to do what we call.withdraw the list pendens okay and.that's basically another process where.you file another motion very simple.motion you file another document very.similar to the Liz pendant which just.says withdraw the Liz pendants so that's.basically how the Liz pregnant process.works and I want you to bear in mind.some things must be title to possession.title or possession of real property if.you don't use subject being sanction.subject to attorney fees and you know.sometimes people will push it saying you.know you better remove that Liz Penance.or I'm going to be seeking attorney fees.for basic help wrongfully clouding the.title or slandering the title you may.sometimes hear that so that's a quick.dirty general overview of what Allah.spendings is I've been wanting to do.this video for a long time because.there's been so much confusion over the.years in our office anyway so I hope.that helps I hope that gives you an idea.of a complex but yet simple real estate.concept this is attorney Steve if you.need a litigation attorney someone to.help you in your case it's a real estate.lawyer give us a call we're happy to.take a look at your case you can find.out more on the web at ask attorney.Steve comm ask attorney Steve calm and.we look forward to working with you.don't forget subscribe to our real.estate channel click on that red V bring.that joy to your email box every every.day every time we post new video updates.and we look.or to working with you thanks again.you.

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