How A Lis Pendens Affects A Florida Short Sale
When a short sale of your property is in progress, receiving a lis pendens may come as a surprise but it does not mean the end to your short sale.
Many homeowners do not understand when to start a short sale and what the receipt of a lis pendens means. Short Sale Facilitators owner Alma Korshak works with distressed homeowners to answer their questions about the short sale of their property.
What is a Lis Pendens?
A lis pendens is filed with the courts to notify the public that the title to the property is in question. Attorneys representing lenders or investors will file a lis pendens when you have not paid your mortgage, as a signal that a foreclosure lawsuit is imminent.
A lis pendens is filed in the county in which the property is located. The lis pendens notifies anyone searching the title or property records on the property in question that there is a legal action pending.
According to Florida statues (leg.state.fl.us), a lis pendens must contain the following information:
a. The names of the parties.
b. The date of the institution of the action, the date of the clerk’s electronic receipt, or the case number of the action.
c. The name of the court in which it is pending.
d. A description of the property involved or to be affected.
e. A statement of the relief sought as to the property.
Does a Lis Pendens Stop A Short Sale?
Alma Korshak, owner of Short Sale Facilitators in Casselberry Florida, explains what the lis pendens is and how it can affect the short sale.
“There are some sellers out there that the lender/ investor of the loan has hired in house counsel meaning an attorney to represent them and they have filed what is called the lis pendens.”
“What that does is that gives notice to the world, it’s a public record, that there is legal action pending on the property.”
“Just because there was a lis pendens filed against a seller/borrower that doesn’t mean they do not have enough time to pursue a short sale. “
“Once there’s a lis pendens it goes into the pre-foreclosure stage meaning that the lender is working on foreclosing on that short sale property.”
Don’t Wait for a Lis Pendens to Arrive
A short sale is not a short process. It is called a short sale because the lender/investor is agreeing to take ‘shortage’ on the loan, meaning they will accept less than what is owed to them.
As soon as you know you can no longer pay your mortgage, call Short Sale Facilitators for information on the short sale of your property. Alma Korshak will meet with you to answer your questions and will negotiate the short sale with your lender.
If the lender knows you are trying to short sale your property, it shows them you are trying in good faith to do the right thing. The foreclosure process is a long and expensive process for lenders, so they may prefer to work with you on a short sale.
If you do receive a lis pendens, it is important to notify your short sale negotiator immediately. With a short sale, communication is critical to the success of the short sale. That means the seller must keep every piece of paperwork they receive and provide that information to the short sale negotiator.
If you have received a lis pendens and have questions about proceeding with a short sale, schedule an appointment to meet with Alma Korshak at her office in Casselberry, Florida.