We have been served w/ a Lis Pendens, what document is needed in order to respond?

Asked over 4 years ago - Fort Mill, SC

There are discrepancy's we would like clarified in regard to the lender info that was in the LP as well as info given verbally by lender customer service. Do we need to outline these in the Reply?
Thank you....

Attorney answers (3)

  1. Stephen F Wallace

    Contributor Level 19

    Answered . You do not need to respond, but you can file to have it lifted if it is correct. BUT there is a timing issue depending on the corresponding lawsuit and your intention on having it lifted (and for what purpose). Please contact a local attorney on this one!

  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . A lis pendens is the document that is filed by the mortgage company when the file the complaint for foreclosure with the court. you will want to respond to the summons and complaint you will soon receive, but there is no response to the lis pendens.

    The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”

    PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!

    You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!

    Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.

    I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.

    Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.

    Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…

    When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.

    Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!

    Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!

    Good Luck!

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

  3. Rebecca Ann Kendel

    Pro

    Contributor Level 12

    Answered . From a Florida perspective, it sound like the lis pendens could be defective. You could possibly file a motion to strike or dissolve the lis pendens if it is not correct. As far as a response, in Florida you have 20 days to file an answer, motion, other response or motion for extension of time to respond to a complaint. It should tell you on your summons how much time you have to respond to the complaint.

    There are a number of ways to respond to a summons, lis pendens and complaint depending on your specific facts and it's always best to talk to an attorney to see what should be filed.

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