Foreclosure is an extremely complicated process in any state, and it is no different in Florida. There are several steps to notify someone legally that his or her home is being foreclosed. These specific steps should be followed meticulously. If at any point the foreclosure process is lacking legality, it could jeopardize the process and cause a significant delay.
A lis pendens is the first of many steps in a foreclosure. Directly translated from Latin, it means “pending lawsuit.” This is used almost exclusively in real estate law, indicating that this notice is the first of many that will be recorded in the local real estate records.
Once a lis pendens is filed, it becomes a matter of public record. This motion informs the general public that the property is currently under foreclosure. It also protects any potential buyer and the current landowner by indicating that no exchange can occur until after the pending results of the foreclosure.
Why Does This Matter?
Large mortgage companies designate an entire group of lawyers to ensuring that all complaints and pre-foreclosure notices are legally filed. They can protect themselves this way because they know for sure that every rule has been followed.
A large budget is required to employ legal counsel whose sole responsibility is to handle foreclosures. However, there are other ways to make sure the lis pendens and any subsequent documents are properly filed within the appropriate timeline.
Hiring local process servers will save time and money. Their work is licensed and guaranteed in the state where the complaint is filed. Process servers spend the majority of their time completing tasks such as this, so you can trust their experience and knowledge. When a lis pendens needs to be filed under a tight deadline—call a process server.
