Does A Notice Of Lis Pendens Have To Be Presented In Person ?
Title company is arguing saying that the Notice of Lis Pendens had to be presented to the seller of the property in person instead of certified mail. I had recorded the Notice of Lis Pendens on file with the Broward Records Dept in Florida. The Title company said they were able to sell and close the property which had the Lis Pendens because the notice had to be served in person to the owner of the property. Is this true? Has anyone ever experienced this? I thought if it was certified mail (someone is signing for it) it would be legal?
Advise is appreciated. Thanks.
As a rule no notice at all is required of a Lis Pendens. Lis Pendens is a recorded notice of an existing law suit. Its purpose is to put the public on record of the suit, not the person who is being sued since they are, presumably, already aware of it.
Perhaps Florida law is different.
Your question is what's legally required in a particular state, as there is no one, universsal law or rule about how a lis pendens has to be served.
Further, I'd say it's really none of your legal business what a title co. did for a 3d party...right or wrong, they wouldn't be liable to you for anything.
A court would say you don't have any legal standing, or privity, to sue the title co. or complain about anything they did..
I'm not so sure about that, John. If the poster had a claim against the sellers title and the Title Company insured over that claim then I think they would be a defendant in the suit. I've never been on that side of such a transaction but I have had a Title company as a co-defendant under similar circumstances.
CK, I'd rather represent the Title Co than the guy suing them, who wasn't even in privity with them...and I suspect you would too.
My first reaction, unless you can show me some cites on point, au contraire, is that the non-privity issue would be a killer to the plaintiff's case, as in a MSJ (motion for summary judgment).
At first blush, I'd think that the notice of lis pendens is a document that is filed with the county clerk and attached to the mortgage/deed... announcing to the public that there is an action pending on that particular property.
As far as personal service... I'd think that the Summons and Complaint (foreclosure lawsuit) would likely be served in person... but delivery via regular and Certified Mails is a common practice, too.
I guess the underlying question here is what was your Lis Pendens serving notice of? In other words, what was the nature of your original title claim?
The seller did not want to return the escrow money so a Notice of Lis Pendens was placed in the property in question. The title company did not disclose at the time of closing to the closer that the property had a Notice of Lis PEndens therefore the buyer was not aware of it. The title company was given a copy of the Notice and was advised fo the fact of the Notice having been sent via Certified mail to the seller. The property has been sold. The Title company will not speak to the prior buyer on the escrow money that is still on hold with the Title company. Also, the Title company has been holding the escrow money on hold without sending to an interpleader...Response from the Title company is that the Notice was not served in person and the Certified letter (where proof of someone signing it is on file) is not legal and therefore the title company did not have to disclose the Notice of Lis Pendens to the New Buyer. Argument is that the Certified mail serves as a legal form of serving the Notice of Lis Pendens.