Ask Nick – Foreclosure with no Lis Pendens

Q: What would be the ramifications of completing a foreclosure action up to judgment without having filed a Lis Pendens? Is it possible to file a Lis Pendens prior to a foreclosure sale as the first Lis Pendens in the action?

A: Yes, you can file prior to sale.

Going to Sheriff’s Sale without filing the Lis Pendens means that no notice of the pending foreclosure action was given to the public except for the newspaper publication. This is acceptable as long as there are no judgments on the property whose creditors needed to be noticed, as these judgments would no longer be cut off by the Lis Pendens. If there are judgments that would have been cut off by a recorded Lis Pendens, then those judgments will not be divested by the foreclosure action.

 

Under no circumstances is Fortune Title Agency, Inc. or any of its employees giving any legal advice.  The Ask Nick Q’s and A’s are based on situations that the company has experienced and is sharing with the public for informational purposes only.  Always contact your attorney for any legal advice.

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