Legal Question in Real Estate Law in Florida

lis pendens

I have a notice of lis pendens on my some property that was ''willed'' to me. It was put on to keep me from being able to sell the property. Now the person wants to do a release of lis pendens, is there a way for me to do this without going through a lawyer if we both agree. I found a form for a release of lis pendens, can we just fill that out and have it recorded. If we can please tell me what procedure I would take to do this.


Asked on 11/12/03, 10:18 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: lis pendens

Take the properly executed form to the County Clerk to file.

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Answered on 11/12/03, 10:31 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: lis pendens

Sure, the party who prepared and filed the lis pendens can discharge it, and you do not need a lawyer for that, but by not hiring an attorney you run the risk that the form may not have the effect you are seeking to obtain. In any event, only the party that filed the lis pendens (and a court of competent jurisdiction) can dissolve the lis pendens.

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Answered on 11/12/03, 1:13 pm


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