Re: Lis Pendens not found during title search

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On 3/17/07, Spinney wrote:
> Hi
>
> I bought a property. Closing went fine.
> Few days after I got the keys a heir of the seller
> contacted me and said they had filed a 'lis pendens'
> against the seller prior to the closing.
> I had no knowledge of this.
> What are the implications? What should I do?
> Help !!

The implication is that the heir will try to undo the sale
and if in fact the lis pendens was filed before closing may
be able to do it though he still has to prove a right to do
so.

You can wait until he serves you with a lawsuit, or you can
premptively file a lawsuit for quiet title. You should
contact the title insurance company which should provide you
with an attorney if they actually missed the lis pendens. If
they didn't miss the lis pendens (ie it wasn't filed before
closing and the heir is lying to you) then they probably
won't want to pay for your attorney.

You might have to sue the seller...

You should hire a local attorney in your area to explain this
to you in more detail...yada, yada.