Legal Question in Real Estate Law in Florida

Is it legal in the State of Florida for someone to file a Lis Pendens in their name personally and not as Trustee in which they claim an interest in as trustee? The properties in volved were never owned by the other party or ever transferred into the trust , The properties are owned by me as trustee of individual trusts for each propertiy I am involved in a Partition Suite against the other party ( we are not married) and she decided to tie up my assets a year and a half before filing a counterclaim . Is that legal ??


Asked on 5/02/10, 7:18 am

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

No. The Lis Pendens must be in the name of the entity that has the right. You can have it removed. However, they will respond by refiling correctly.

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Answered on 5/07/10, 10:56 am


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