Emilia Saave…, Other/Just Looking in Miami, FL

Can the owners still sell a house when the house is in lis Pendens?

Asked by Emilia Saavedra, Miami, FL Fri Oct 30, 2009

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yes you can , for more information and to help you to make the best desicion please feel free to contact me at your earliest convenience, thank you , Pedro Salgado, Keller Williams Realty 786-529- SAVE (7283) PS@salgadoproperties.com
0 votes Thank Flag Link Tue Aug 21, 2012
Emilia,

Lis pendens does not stop anyone from selling. A seller can sell up to the last minute before foreclosure. In fact I have experienced sales hours before the house was scheduled to be sold at the court house steps.
Web Reference: http://www.olmedohomes.com
0 votes Thank Flag Link Tue Nov 24, 2009
Lis pendens is the first step in the foreclosure process. You can sell the house at any time up to the point where the court issues the final judgment, but you have to CLOSE by then - it cannot be just under contract. If your situation requires a short sale, then you should start that process as SOON as possible. Do NOT avoid speaking with your lender; engage them up front in the discussion. Government programs are incenting banks to be more cooperative in this process. In some cases, they will refer you to a Realtor who can list your house.
South Florida is becoming the short sale fraud capital of the universe, so you need to be EXTREMELY careful about who you choose to represent you. You need to find a Realtor familiar with the short sale process and preferablly one who does NOT do the negotiation themselves, instead using a third-party company with the expertise to negotiate. You should incur NO COST for the short sale, although you should engage an attorney to answer the foreclosure suit to avoid summary judgement.
Web Reference: http://www.myriamsHomes.com
0 votes Thank Flag Link Fri Oct 30, 2009
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