Home Selling in 16901>Question Details

Maddernhell, Home Seller in Tioga County, PA

Legal use of Lis Pendens?

Asked by Maddernhell, Tioga County, PA Mon May 18, 2009

Dispute between buyer and seller. Buyer files Lis Pendens. Seller files motion to strike Lis Pendens. Buyers lawyer sends letter stating buyer will remove Lis Pendens for $1,500.

Is this a legal use of Lis Pendens?

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Just caved in and paid the SOB off. Every where we turned; District Attorney, lawyer, State Rep, we got nowhere. I have never been so discouraged in my life. I don't have the energy right now to explain everything that has happened to us in this situation but some of my other threads will help if anyone is interested.

Thank you to all who have tried to help, it gives me some faith in my fellow man. And it sure is a breath of fresh air hearing from decent, honest people who actually have an idea of fair play.
0 votes Thank Flag Link Tue May 19, 2009
It sounds like that you have him on fraud. That's a federal offense. I would get with an attorney to see if you can file a criminal case on him. If you can, and I would think that you could, he'll get the lis pendens off the property if he doesn't want to go to jail. If he paid a deposit, I would assume that you keep it.

Am I to assume that you no longer have a septic system in? If so, you should also file for a civil case to have the buyer replace the system. If what you're saying is correct, this buyer's a real character. Go in for the long haul. See if the current buyer can wait it out.

As it stands right now, you could pay for the lis pendens to be removed, which probably means that the previous buyer wants their deposit back. You've got a lack of septic system which devalues the property. That a lose-lose situation.

If you go for criminal and civil charges against him for fraud and having your system removed, then it could go the distance to trials or it will get nipped in the bud by the previous buyer.

Get with an attorney and see what your options are. I would say go for it. But I do not know how desperate you are to sell the property. I just think if you give in, they will win everywhere.

Keep me posted, I would be very interested to see how this pans out.

Terrence Charest, e-Pro
0 votes Thank Flag Link Tue May 19, 2009

buyer went to property without our knowledge or consent, fraudulently filed for an onlot septic permit from the SEO stating he was owner or authorized agent of owner so he could dig up existing septic system. This was done on last day of contingency period. Then he never put anything in writing just demanded we let him back on property to dig more.

We refused to let him back on property as our agent said he had no right. He failed to get required mortgage commitment so we terminated the contract.

Now we have signed a contract with another buyer but lis pendens clouds title.

He has been threatening to file for specific performance for almost 6 months, can he do that after putting it on paper he wants cash?

I am under the impression specific performance only applies when monetary damages would not be equitable. He has stated he is after money not the property.
0 votes Thank Flag Link Tue May 19, 2009
I am neither a lawyer nor have I ever played one on TV. Anything I say should not be construed as advise and any legal questions you have should be posed to an attorney.

That being said, you really haven't stated when the "lis pendens" was put into place or why. "Lis pendens" means pending litigation. If the buyer and seller cannot come to terms with the contract, typically (there is a portion of the contract which explains this) mediation can be used without going through the hassle and expense of using attorneys.

What is the lis pendens for? How is the lis pendens being removed and have you come to an agreement?

Terrence Charest, e-Pro®
Century 21 Associates
905 Easton Road
Willow Grove, PA 19090
Cell (Preferred): 877.614.1494
Office: 215.659.5250
Fax: 215.659.5550
“Giving to Those Who Gave”
0 votes Thank Flag Link Tue May 19, 2009
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