Legal Question in Real Estate Law in Florida
Lis Pendens
In a divorce case- My husband owes several properties that are not in his name. Some in a corporation, which he solely owns the corporation. Then he also owns 50% of his parents� home, which is only in the parents� name. (I have proof he owns the 50% with documents he filled out.) Do I file the Lis Pendens under just his name or would I have to file the lis pendens under the parents and corporation name in order for financial institutions to uncover the lis pendens if he wants to get a loan against the properties? Do reputable banks give loan to properties with lis pendens on them?
2 Answers from Attorneys
Re: Lis Pendens
In order to answer your questions, one would need
to review your documents, the divorce papers and
pleadings, the corporate records and the statute and
case law concerning lis pendens. You may or may
not be able to record one. I suggest you make
an appointment with an attorney knowledgeable in both
family and real estate law.
Re: Lis Pendens
First, I'm not a divorce lawyer nor do I pretent to know much about family law. Second, how can you claim that your husband owns 50% of his parents' home when the home is only under his parents' names. You can't have it both ways.
A lis pendens is filed against the property making reference to the actual owner of the property, assuming you have a proper basis to file the lis pendens in the first place. As for what a bank will do, it depends on the bank and the facts and circumstances surrounding the property.
Seek the advice of a lawyer and good luck.
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