Difference between NOD and Lis Pendens

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What is the difference between NODs and LisP Pendens. Are both of these considered preforeclosure?

Comments(4)

  • JohnMichael7th February, 2003

    Notice of Defaults (NOD's) is the beginning phase of the foreclosure process. The beneficiary (lender) will hire a trustee (third party) to prepare and process the NOD's. The trustee then records a copy of the NOD with the County Recorder's office in the county where the property is located

    A lis pendens literally means that litigation is pending. It tells the public that a lawsuit affecting the property is in progress and that any judgment awarded in that legal action will have priority as of the date of the lis pendens. Some lawyers file a lis pendens automatically when they file a suit affecting title to real estate. The lis pendens creates a cloud on the title and can prevent a potential sale of the property from taking place.
    [addsig]

  • HoGiHung7th February, 2003

    Do NODs go by any other name? I ask because I can access our local county records via the internet, but I don't see a document type of NOD. LPs (Lis Pendens) are there as well as JDs (Judgements of Default).

    Uh, maybe a JD = NOD?

    Ho...

  • DaveT7th February, 2003

    Ho,

    Default Judgment is granted against someone because they failed to show up in court.

    Florida does use the Notice of Default. They may not be online.

  • HoGiHung7th February, 2003

    Thanks Dave! I will do some more research.

    Ho...

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