Legal Question in Real Estate Law in Arizona
illegal filing of les pends
how do I remove an illegal recording of les pends on my properties recorded by an attorney with no legal judements or rights
Asked on 4/02/07, 6:41 am
1 Answer from Attorneys
Gloria Meyer
Meyer Law Office
Re: illegal filing of les pends
First make sure the lis pendens is actually improper. Prior to, or simultaneously with, recording the lis pendens, the claimant must have filed a lawsuit in which he claimed an interest in the property. If this was not done, the lis pendens is improper. In that case, I would suggest that you send a letter demanding that the claimant sign a quit-claim deed, and if they refuse, you can file your own lawsuit to quiet title. This must all be done according to the statutory requirements. You should contact an attorney regarding this matter.
Answered on 4/02/07, 1:15 pm