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Neighbor's Lis Pendens error: makes me look like foreclosure, but I'm clean

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pathogenic75

Junior Member
What is the name of your state (only U.S. law)? Florida

My neighbor was involved in a foreclosure in 2011.

After a bunch mailings from real estate agent who wanted to "help" me for reasons unknown, I figured out that a Lis Pendens was issued erroneously with my subdivision lot number (Lot #72) instead of neighbors lot number (Lot #71). I live in Seminole County, Florida.

Public real estate records now show neighbors name at my address with a history of foreclosure for my address.

I have no history of foreclosure or any other real estate history except purchase of my house.

Two months ago I contacted the attorney (as listed on Lis Pendens) who handled the foreclosure for neighbor, but the attorney has not responded to my letter (which included all documents necessary for her to see the error.)

This is clearly a clerical error that drew me in to create a tainted real estate record for me, and I'm afraid of the mess it'll create when I try to sell this house.

I'm an average guy with absolutely no idea how to proceed to fix this clerical error when attorney won't respond. How to get my clean real estate profile back?
 


FlyingRon

Senior Member
A lis pendens isn't necessary a foreclosure. All it says is that some legal action is pending on the property and puts potential buyers on notice. You can go to the court and make a motion to expunge it as there is no actual pending legal action against YOUR property. Presumably the bank (or whoever filed the mistaken lis) isn't going to protest it, it should be rather straight forward.
 

pathogenic75

Junior Member
You can go to the court and make a motion to expunge it as there is no actual pending legal action against YOUR property.


Thank you Ron for your advice. I'm a complete legal dummy on this: what is the mechanism for filing a motion? Is there a standard form for this?
 

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