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    News and Articles on Lis Pendens



    Battle over Miami property heats up  Nov 17, 2008
    According to a press release from Kellner s office, CDR has filed notices of lis pendens for six Florida properties it believes are controlled by the Cohens or by entities controlled by them: 429 Lenox Ave., Miami Beach; 7213 Fisher Island Drive, Fisher Island; 5930 N. Bay Road, Miami Beach; 330 Biscayne Blvd., Miami; 268 Park Drive, Bal Harbour; and 1475 Collins Ave., Miami Beach ... During the Nov. 12 hearing, the Cohens attorney, William Petros of New York, sought to dissolve the lis pendens... (South Florida Business Journal, FL)

    Foreclosure Activity Increases 5 Percent in October According to RealtyTrac(R) U.S. Foreclosure Market Report  Nov 13, 2008
    " Nevada, Arizona, Florida post top state foreclosure rates Nevada posted the nation's highest state foreclosure rate for the 22nd consecutive month in October, with one in every 74 housing units receiving a foreclosure filing during the month -- more than six times the national average. Foreclosure filings were reported on 14,483 Nevada properties in October, an increase of 11 percent from the previous month and up nearly 119 percent from October 2007. With one in every 149 housing units... (PR Newswire)

    Mortgage problems have local impact  Nov 2, 2008
    The number of lis pendens notices, which are sent to homeowners by lenders to begin the foreclosure process, rose significantly in the period between April 2007 and April 2008 ... According to a list obtained from the County Clerk s Office, the 30 lis pendens notices sent out in April of this year was the highest in the past 34 months, and the 70 notices sent out in the three months preceding that made that quarter the worst over the same period. (Hudson Register Star, NY)

    Another condo project facing foreclosure  Oct 31, 2008
    A notice of lis pendens was filed on Oct. 16 in Miami-Dade County against the developer, Lucky Chase II, which is controlled by Pittsburgh-based ... AmTrust s lis pendens named 333 unsold units in the foreclosure. (South Florida Business Journal, FL)

    Albany area foreclosures up 138%  Oct 24, 2008
    Of the 14,477 foreclosure filings in the state during the third quarter, 65 percent were Lis Pendens, a legal term for the first filing notifiying a borrower that the foreclosure process has begun. Reader Comments. (Albany Business Review, NY)

    S. Fla. foreclosures continue to rise  Oct 17, 2008
    Default Research, a provider of South Florida pre-foreclosure listings, reported on Thursday that there were 13,298 South Florida lis pendens related mortgage foreclosures recorded in September, up more than 13 percent from August. Nearly 4 percent of homes are in foreclosure in Broward County. (South Florida Business Journal, FL)

    S.C. Supreme Court reprimands former Denmark municipal judge  Oct 15, 2008
    The second incident stemmed from a lis pendens and mortgage foreclosure action filed against Anderson s marital home on Oct. 6, 2004. After the sale of the house at auction on Feb. 6, 2006, went to the plaintiff in the foreclosure action, four extensions for vacating the property by the occupants were given until May 19, 2006. (Orangeburg Times and Democrat, SC)

    Foreclosure sought against 145-unit Miami apartment complex  Oct 7, 2008
    A lis pendens holding up the title to the Les Chalet apartment complex at 8215 SW 72 Ave. was recorded in Miami-Dade County court on Sept. 23. The foreclosure lawsuit was filed on July 17 against Dadeland Nadlan, an affiliate of Dadeland Towers, an Israeli company that trades on the Tel Aviv Stock Exchange and was headed by Elie Berdugo, the late owner and CEO of Boca Raton-based EB Developers. (South Florida Business Journal, FL)

    Strapped borrowers flood credit counselors  Oct 7, 2008
    In July and August, lenders filed 5,871 lis pendens lawsuits kicking off foreclosure proceedings against delinquent borrowers in Palm Beach, Martin and St. Lucie counties, according to RealtyTrac, an Irvine, Calif ... In Port St. Lucie alone, lenders filed 1,215 lis pendens against delinquent borrowers in July and August, according to RealtyTrac. (The Palm Beach Post)

    A habit of splitting votes (704)  Oct 3, 2008
    edumacation wrote on Sep 28, 2008 9:49 AM:" To Observer: Here is a news flash for you. Many courts and bail bond companies no longer accept property bonds or Real property as collateral for criminal defendants who want a bail bond. I hope to see more protection for our courts by completely eliminating property bonds. Why? If an alleged crooks in the mortgage/banking/developer/real estate industry post bonds with real property that has declining value, why should they appear in court? I like the... (Lodi News Sentinel, CA)

    Lantana project faces foreclosure  Aug 14, 2008
    On July 28, the bank filed its lis pendens, notifying , of Miami, and principals Scott Lehman and Richard A. Lehman of its intent to foreclose on a $4. 2 million mortgage it wrote them in June 2006. (South Florida Business Journal, FL)

    Jail and Fines Given to Solo Who Withheld Down Payment  Aug 13, 2008
    Felton also failed to adequately address a lis pendens filed against the property, instead submitting to the court a "total and complete fabrication" on the issue, Schack wrote. Namely, Felton claimed to have secured a stipulation that the debt would be paid out of the proceeds of the closing, although she attached in her papers only an unsigned, unexecuted proposal for a stipulation. (Law.com)

    As Foreclosures Mount, Condo Associations Battle With Lenders  Jul 23, 2008
    U.S. Bank filed a lis pendens -- a notice of pending foreclosure -- on the unit in September 2007, according to Miami-Dade property records. By May, the association was owed $8,557 in condo fees, and U.S. Bank still hadn't taken over the unit. (Law.com)

    Housing stable in Ames  Jul 6, 2008
    The report said the count includes "all three phases of foreclosure: notice of default and 'lis pendens' (the Latin legal term for "pending action," either a lawsuit or other procedure), as well as notices of trustee/foreclosure sales and properties already foreclosed and repurchased by lenders. According to the statistics, Iowa was one of the more stable states during May, with 256 "notices of trustee sales" and 194 lender repossessions, or a total of 450 for the month. Highest foreclosure... (Ames Daily Tribune, IA)

    Foreclosures hit home  Jun 26, 2008
    Turning up next on the list is Canaan, at number 37, with 21 lis pendens during the period tracked and a foreclosure rate of 20 ... Perhaps surprisingly, Kent checks in at number 60 on the list, with 17 lis pendens and a rate of 15. (New Milford Times, CT)

    Jessup dome turf at root of court filing  Jun 16, 2008
    Bob Bolus, owner of Bolus Truck Parts g in Throop, filed a Lis Pendens on June 3, shortly after purchasing the property on Sen. Bob Mellow Drive for $400,000 at an on-site auction. (Scranton Times, PA)

    Realty Viewpoint: Expert Discourages Foreclosures For First-time Buyers  May 27, 2008
    There are websites that notify the public when a lis pendens (pending action) has been filed. That's a notice of foreclosure. (RealtyTimes)

    Foreclosure statistics tell different stories to different interpreters  May 18, 2008
    " He then enumerated the many variables that might move foreclosure statistics one direction or another. Alexis McGee, president of Foreclosures.com, agreed that the difference between the two companies' findings could derive from their definitions of foreclosure as well as how and where they collect their information. RealtyTrac combines preforeclosure activity (like default notices and lis pendens lawsuit filings) with foreclosures (like bank repossessions, auctions or trustee sales) into one... (San Francisco Chronicle -- Business)

    EB Developers faces two foreclosures  May 12, 2008
    Wachovia Bank, as administrative agent, has filed a lis pendens - notice of a title dispute - on the unbuilt second phase, and named a court-approved receiver as part of its pending foreclosure lawsuit. "We have diligently worked with Wachovia for months," said Daniel Kaskel, VP and general counsel for EB Developers. (South Florida Business Journal, FL)

    Act offers tax credit on foreclosures  May 5, 2008
    Properties repurchased by a bank accounted for 11 percent of the total 4,558 properties with at least a foreclosure notice, which also included 475 Notices of Foreclosure Sales and 3,579 lis pendens, or notices of intent to foreclose. Total properties in the area with foreclosure filings in-creased 64. (Jacksonville Business Journal, FL)

    Real estate chat  Mar 26, 2008
    The lender will file a lis pendens, normally after three missed payments and the loan has gone 91 days past due. The process to take the home is not a short one though and today it can take anywhere from six to twelve months to take the home to auction and/or re-possess it. (The Palm Beach Post)

    Local housing crisis  Feb 19, 2008
    JS: If you are seeking a home that has yet to go back to the lender, you can work with a Realtor or on your own to find homes where the lender has filed a lis pendens ... In addition to which properties are coming up for auction, they also show when properties have fallen into default to the point where a lis pendens was filed and initial proceedings to foreclosure have been initiated ... In many cases, the lis pendens that has been filed may not be from a lender but could be either from a... (The Palm Beach Post)

    America's Rapidly Rising Foreclosure Areas  Feb 18, 2008
    For example, a homeowner faced with a notice of default--or the subsequent "lis pendens," or suit pending--can still avoid losing his home by restructuring payments or simply catching up on overdue ones. For those with no equity as the result of a zero-down payment or piggy-back loans, it's going to be harder, since they have nothing invested in the home and may find it difficult to work with lenders. (Forbes)

    First N.J. Lawyer Convicted Under Anti-Runners Law Heads for Prison  Feb 7, 2008
    A lis pendens on the property of the two lawyers will now be released, says Deputy Attorney General Andrew Fried. The case began when Allstate and Prudential insurance companies uncovered staged accidents and brought them to the attention of the state Office of the Insurance Fraud Prosecutor, which led to an undercover sting operation. (Law.com)

    Kuhn Cos. faces liens and foreclosures  Jan 26, 2008
    JDI, under the names JDI Adams Street LLC and JDI Laura Street LLC, filed lis pendens in local court in December against Kuhn, his company Kuhn Cos ... A lis pendens is a recorded notice of the filing of a suit, the outcome of which may affect the title of land. (Jacksonville Business Journal, FL)

    State going after real estate broker  Nov 17, 2007
    The liens, known as "lis pendens," were used to guarantee Mr. Platts a profit on sales because his real estate license had been revoked several years ago and he would not have been permitted to collect a sales commission. Amy L. Schulman, a deputy attorney general in the Bureau of Consumer Protection, filed a 54-page, 13-count complaint against Mr. Platts in Allegheny County Common Pleas Court. (Pittsburgh Post-Gazette, PA)

    Home loan crisis threatens LI economy  Nov 11, 2007
    In Brentwood, the number of initial foreclosure notices, known as lis pendens, rose to 227 in the first six months of 2007, from 98 in the first half of 2005, while Glen Cove went from 10 to 24 filings in the same period. In the coming months and years, experts say, foreclosure rates may worsen considerably, as borrowers find themselves unable to make their monthly payments and unable to find a way out. (Newsday -- Health)

    Report: Pre-foreclosure filings triple in September  Oct 26, 2007
    Florida lis pendens filings, when the bank first files the paperwork on a defaulted payment - the first step in the foreclosure process -- rose from 1,541 in September 2006 to 4,872 in September 2007, according to Default Research. Of those filings, more than 13 percent were condominiums, says Serdar Bankaci, Default Research president and CEO, in a prepared statement. (Orlando Business Journal)

    Historic home at center of protracted legal battle  Oct 23, 2007
    " Desselle said the trust has a "lis pendens" - or suspended - lawsuit pending against First National Bank and Ross, alleging improprieties by the bank. Such a lawsuit alerts a potential purchaser or lender that a property's title is in question, which makes the property less attractive. The case is to go before a judge in June of next year. Until then, Desselle said, the historical artifacts were not supposed to be touched. "From my understanding, despite the fact that there was no court order... (The Examiner)

    Stan Devereux  Sep 22, 2007
    The judge awarded the attorney's fees after he ruled that the city was not justified in filing a legal notice that Mohanna's and other owners' properties were the subject of a legal dispute, an official proceeding known as lis pendens. In the meantime, Mohanna has asked Mayor Heather Fargo to help settle the dispute, said Stan Devereux, a spokesman for the property owners. (Sacramento Business Journal, CA)

    K Street land owners win round one  Aug 30, 2007
    The judge in a lawsuit filed by the city in February has ruled that the city was not justified in recording what's known as a "lis pendens" on Mohanna's and others property in the 700 block of K Street -- essentially a notice that the property is tied up in litigation and buyers or investors should be wary ... Mohanna filed to have the lis pendens notice expunged ... Mohanna and others are also seeking attorney's fees for having the lis pendens notice expunged, but the judge has not ruled on... (Sacramento Business Journal, CA)

    We're No. 2 for foreclosures  Aug 21, 2007
    The filings include documents in all three phases of foreclosure: (1) default, which includes notice of default (NOD) and lawsuit pending, or lis pendens but you knew that. (2) auction, which includes notice of trustee sale (NTS) and notice of foreclosure sale (NFS); and (3) real-estate owned (REO), which includes properties that have been foreclosed on and repurchased by a lender. (The Palm Beach Post)

    Foreclosures Shrinking In Select Cities  Aug 16, 2007
    Foreclosures in the report includes defaults -- Notice of Default (NOD) and Lis Pendens (LIS); auctions -- Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS); and Real Estate Owned, or REO properties (that have been foreclosed on and repurchased by a bank). Unfortunately, the general trend remains escalating foreclosure rates, with 82 of the top 100 metro areas reporting year-over-year increases in the number of homes affected by foreclosure. (RealtyTimes)

    Lis pendens filings skyrocket in Flagler County  Jul 17, 2007
    The number of lis pendens filed in Flagler County skyrocketed 196 percent in the first half of 2007 compared with the first half of 2006. Latin for suit pending, lis pendens are recorded notices of a suit filing ... The Flagler County Clerk of the Courts filed 609 lis pendens from January to June 2007, up from 206 for the same period in 2006. (Jacksonville Business Journal, FL)

    Nigeria: Rights Advocate Attacks Court's Reinstatement of Governor  Jun 17, 2007
    com: Nigeria: Peter Obi - Supreme Court Judgement Wrong, But Final, Says Gani (Page 1 of 1). Use our pull-down menus to find more stories. (allAfrica.com)

    Buying Foreclosures "Not For The Novice"  May 22, 2007
    The period after a homeowner goes into default (misses one payment or more) and the lender files a public default notice to that affect (Notice of Default or Lis Pendens) is the period when the foreclosure process begins. You can find the notices in your local public records office or, for a fee, get them, with varying levels of detail, from on- and offline firms that track the data. (RealtyTimes)

    Artists trapped in gallery dispute  Apr 30, 2007
    His lawyer argues that Rayfield filed and recorded a lis pendens on Style de Vie's inventory. That's a legal document notifying others that there is a claim on the property. (The Palm Beach Post)

    SE Queens foreclosures skyrocket 57% during first quarter of 2007  Apr 20, 2007
    The Manhattan-based nonprofit is preparing its own report on foreclosures, based on court filings known as lis pendens, which mark the beginning of the legal action to foreclose on a home. Maps prepared by NEDAP show that the same areas that have high concentrations of high-cost loans also have the highest concentrations of foreclosures - southeast Queens, Corona and East Elmhurst. (Astoria Times, NY)

    Know the ropes before you buy a foreclosure  Mar 25, 2007
    When a lender decides to foreclose on a property, a lis pendens (Latin for "lawsuit pending") or notice of default is filed, depending on the state. This document is a public record, and it is the first step in locating a property in foreclosure. (Portland Business Journal, OR)

    Mediation Provision is an Important Part of the Real Estate Purchase Contract  Feb 28, 2007
    A lis pendens was filed by Van Slyke; the Daniels then also filed a lis pendens and a specific performance suit; and the Gibsons cross complained against Van Slyke. Paperwork grew exponentially. (RealtyTimes)



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