Lis Pendens in error

[lgrant]

FloridaWhat is the name of your state (only U.S. law)?

I have been named in a Lis Pendens judgement on a property that I have never lived in, do not/have not ever owned and have no connection to. I owned a house next door to the named property for 2 years, but sold it in 2004, and moved to a different county, and bought a house.

I have not been officially served, but I have a copy of the judgement. What is the best way to have my named removed as a defendant.

Any help would be appreciated.

Lynn Grant
Orange Park, Fl.

 

[tranquility]

http://www.flsenate.gov/Laws/Statutes/2012/48.23

 

[LdiJ]

FloridaWhat is the name of your state (only U.S. law)?

I have been named in a Lis Pendens judgement on a property that I have never lived in, do not/have not ever owned and have no connection to. I owned a house next door to the named property for 2 years, but sold it in 2004, and moved to a different county, and bought a house.

I have not been officially served, but I have a copy of the judgement. What is the best way to have my named removed as a defendant.

Any help would be appreciated.

Lynn Grant
Orange Park, Fl.

I would definitely get an attorney involved. One that is located in the state/county where the judgement was granted. An attorney should be able to have you removed from the judgement, one way or another.

 

[latigo]

http://www.flsenate.gov/Laws/Statutes/2012/48.23

"Lis pendens judgment"?

Isn't that phrase slightly illogical, as in paradoxical?

As we know "lis pendens" is Latin for litigation pending (lawsuit undetermined), yet the word "judgment", though English, bespeaks a lawsuit over and done with.

Oh well, such is not the OP's concern. He needs to do some nunc pro tunc stuff, or whatever, and get his name removed from the judgment and secure and order for the stupid person or persons responsible to pay his court costs and attorney’s bill!

And if counsel represented the instigator, that lawyer better start looking out for his backside for filing a specious lawsuit! Maybe like a Rule 11 violation?

 

[tranquility]

I agree there are numerous problems with the OPs post. My theory was to show the statute and the OP could decide if the words made sense. Another was LdiJ's advice to see an attorney. I don't think they are named a "defendant" in a "lis pendens" "judgment", nor do I know why he needs his name removed. I could have asked more questions, but, like the rest of us, I felt it would be a bit like pulling teeth without knowing where the mouth was and decided not. Perhaps, if I could do now what should have been done then, I might have asked about the incongruities.

 

[LdiJ]

I agree there are numerous problems with the OPs post. My theory was to show the statute and the OP could decide if the words made sense. Another was LdiJ's advice to see an attorney. I don't think they are named a "defendant" in a "lis pendens" "judgment", nor do I know why he needs his name removed. I could have asked more questions, but, like the rest of us, I felt it would be a bit like pulling teeth without knowing where the mouth was and decided not. Perhaps, if I could do now what should have been done then, I might have asked about the incongruities.

Its obviously a wierd situation...but a wierd situation that could end up on his credit report. My guess is that in the current economic situation of forecloser mills is that somehow his/her name got attached accidentally to a property that he/she never owned, not by normal channels, but by error. It could be as simple as a clerical error.

 

[FlyingRon]

It's pretty common to list everybody who MIGHT have an ownership interest in the property, be they owners, former owners, lien holders, spouses, etc.... You can usually call the bank filing the suit and waive any claim and get off pretty easily.

 

[justalayman]

It's pretty common to list everybody who MIGHT have an ownership interest in the property, be they owners, former owners, lien holders, spouses, etc.... You can usually call the bank filing the suit and waive any claim and get off pretty easily.

but the OP was a neighbor and there is apparently already a judgment so the suit is over, or is it since there was a lis pendens filed but what was the lis pendens filed against that would include the OP?

A lis pendens is registered against a property, not a person. It names the defendants along with the plaintiff but in itself, it is not an action against the defendants. Why would the OP even be sent a copy of the lis pendens since it isn't his former property involved?




so much of the OP's statement just doesn't make sense with the next word in the question.


yo lgrant; if you ever show back up, a lot of information is needed to figure out what is going on here.

 

[FlyingRon]

but the OP was a neighbor and there is apparently already a judgment so the suit is over, or is it since there was a lis pendens filed but what was the lis pendens filed against that would include the OP?

I'm trying to do my best guess to understand what is really happening to the guy. As pointed out, his posting makes little sense.

Lis Pendens are not judgements, and they're filed against properties not people.
My guess is what he has found is that there is a foreclosure suit filed naming him as a defendant and a lis pendens on that suit is filed against that property.

If that is the case, then my advice works.
If that is not the case, the poster needs to come back and explain more carefully what is going on.

 

[justalayman]

I'm trying to do my best guess to understand what is really happening to the guy. As pointed out, his posting makes little sense.

Lis Pendens are not judgements, and they're filed against properties not people.
My guess is what he has found is that there is a foreclosure suit filed naming him as a defendant and a lis pendens on that suit is filed against that property.

If that is the case, then my advice works.
If that is not the case, the poster needs to come back and explain more carefully what is going on.

I am curious as to his connection with the neighboring property and why he would be named though. Using some really extreme speculation I can imagine a few situations that might draw OP, as a neighbor, into a suit but nothing in a typical foreclosure where the named party states they have no claim on or association with the property in question.

Also curious as to how he became aware of either the lis pendens or the judgment, whichever it is. If there is already a judgment and the OP just happened to realize there was a lis pendens filed at one time, OP may have a bit of an issue that is not a simple fix. Nobody wants a judgment on their credit history that they are truly not liable for.

 

[tranquility]

Perhaps some claim of easement or adverse possession.

 

[justalayman]

Perhaps some claim of easement or adverse possession.

that was my thoughts as well. One would think the OP would be aware of such a situation though. Maybe OP doesn't realize that could be a reason to include OP in a suit involving the neighboring property.