Ansrewing The Lis Pends To Stall The Foreclosure?
i was told that there was a form or something that you can fill out and send to the foreclosing attorney after the lis pends has been filed. i guess its called ansrewing to the foreclosure.
Where exactly can i find the form, or is it just some sort of letter to type up? and who would fill it and what would it say? also how long does this usually stall the process?
any help or insight into this technique of buying more time would be much appreciated. thanks[ Edited by ZinOrganization on Date 01/18/2005 ]
You need to review Connecticut statue:
Sec. 52-325. Notice of lis pendens.
Sec. 52-325a. Application for discharge. Forms. Hearing.
Sec. 52-325b. Burden of proof at hearing. Order of court.
Sec. 52-325c. Appeal.
Sec. 52-325d. Motion for discharge of invalid notice of lis pendens.
Sec. 52-325e. Duration of notice of lis pendens. Rerecording.
Sec. 52-326. Discharge of lis pendens and invalid liens.
Sec. 52-327. Duration and release of attachment liens on real estate.
Sec. 52-328. Duration of attachment liens after judgment.
Sec. 52-325a. Application for discharge. Forms. Hearing. (a) Whenever a notice of lis pendens is recorded against any real property pursuant to subsection (a) of section 52-325, the property owner, if the action has not then been returned to court, may make application, together with a proposed order and summons, to the superior court for the judicial district to which the action is made returnable, or to any judge thereof, that a hearing or hearings be held to determine whether such notice of lis pendens should be discharged. The court or judge shall thereupon order reasonable notice of such application to be given to the plaintiff and shall set a date or dates for the hearing or hearings to be held thereon. If such plaintiff is not a resident of this state such notice shall be given by personal service, registered or certified mail, publication or such other method as the court or judge shall direct. At least seven days notice shall be given to the plaintiff prior to the date of such hearing.
(b) The application, order and summons shall be substantially in the following form:
Your customer will need to file a motion for discharge like below
APPLICATION FOR DISCHARGE OF
NOTICE OF LIS PENDENS
To the .... Court of ....
The undersigned represent(s):
1. That .... is the owner of the real property described in schedule A attached hereto;
2. That on or about .... (date) .... (name of plaintiff) of .... (address of plaintiff) recorded a notice of lis pendens affecting such real property and gave notice thereof;
3. That there is not probable cause to sustain the validity of the plaintiff's claim or, in an action that alleges an illegal, invalid or defective transfer of an interest in real property, that the initial illegal, invalid or defective transfer of an interest in real property occurred sixty years or more prior to the commencement of the action;
4. That the applicant seeks an order for discharge of such recorded notice of lis pendens.
You will need to research the courthouse and find several motions done recently will give an example - it's not a hard form to fill out and can be done pro-per.
Will delay 30 to 60 days normally.
Any document that sets a legal proceeding one can file a motion to set aside in any state.
[addsig]
once again John Micheal your on the ball. i thank you and will research it further.
Unless civil proceedure works a lot differently in CT than it does in IL you don't answer a Lis Pendens.
A Lis Pendens is a public notice recorded with the recorder of deeds saying that there has been a lawsuit filed and that the outcome of the lawsuit might affect the title. It is filed for many kinds of claims including a foreclosure. Its purpose is to put people who might have an interest in the property (mostly prospective purchasers) on notice that the title is the subject of some litigation.
What may be answered is the foreclosure suit. generally there is some specified time period after the defendant in a civil suit (such as foreclosure) to appear and answer the claims in the suit. In Illinois, for example that period is 28 days. If you appear within the 28 days and ask for additional time to answer the court generally allows another 28 days to answer.
Actually the correct phrase is "answer or otherwise plead". You may, for example, ask the court to dismiss the suit because the plaintif has failed to follow some proceedural matter in the way in which they have filed the foreclosure. This is not actually an answer since it doesn't respond to the actual claim but it does count.
After any such answer or other pleading the plaintif will have some period of time in which to respond to the answer. The defendant then has one final chance to answer any new issues brought up in response. Plaintiffs may, on occasion, respond to the initial answer by filing an ammended complaint, which brings the whole process back to stage one.
Obviously in the hands of a skillful practioner this process can be very time consuming. I once held a forcible entry case at bay for over a year through proceedural manoevering and we never did get to an actual hearing on the merits of the case (where I think I could have won) because the other side threw up their hands and settled because they began to believe they would never get to a trial or to stop paying their attorneys.
Obviously non-judicial states have a different set of rules.
thank you, commercial king. yes CT is a judicial state and yes i also believe we have 28 days to ansrew. so presumably also the payoff grows higher because the foreclosing attorney has to file more paper work and do more work.
what are good reasons to bring to (is it the judge) as to why he should grant the defendent more time. i know one reason was if the bank spelled anything wrong on the lis pends. and unemployment. is cold weather a reasonable issue to bring up. and how likely in your experience is it for the judge to grant more time to the defendent.
thanks again your a huge help.