Lis Pendens on property

[troup1998]

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

I am refinancing and the title company found a lis pendens from 2004 on the property. It is from my divorce, and the divorce is final. I have a "final dissolution of marriage" document.

Since I found out about this, I've asked my ex to sign a document to release it and she did, but people are telling me her divorce lawyer has to do it. FYI, I filed her notarized release document at the county and sent a certified copy to the mortgage company, but the title company they hired is squawking about it. I must close by 4/2 or I lose the locked in rate of 3.5%. The refinance is going to save me $320/month and rates have sky-rocketed since i locked.

If this causes me problems in refinancing what are the thoughts on suing her lawyer for shotty work. My understanding is he should of filed the Release of Lis Pendens when the divorce was final? Thanks

 

[tranquility]

If this causes me problems in refinancing what are the thoughts on suing her lawyer for shotty work. My understanding is he should of filed the Release of Lis Pendens when the divorce was final?

You were not in privity with her attorney, you cannot sue him for actions he didn't do under their agreement.

Besides, even after a final order, until all the property has been properly transferred a lis pendens may have been appropriate. You had the responsibility to make sure your property was free and clear.