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LegalGround >> Any reason why you would NOT file a lis pendens?


5/17/11 11:04 PM
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SpartanburgAthleticClub
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Member Since: 5/3/11
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...if you represent a lender foreclosing on a first mortgage?  I recently came across a case where there was never a lis pendens filed and I can't figure out why(I had planned to bid on the property at the auction, but passed due to this technical deficiency).  I actually called the plaintiff's attorney and asked why there was never a lis pendens filed and he just said it was a mistake and that it was supposed to get filed but never did.   I don't really buy that because if it really just was an error with the clerk of courts, you would think in the 3+yrs it took from initial complaint to sale date, he would have just had it re-filed and corrected the error.  Its such a simple document and recording it is so easy, I have to assume that he intentionally failed to do it...I just can't figure out why.  Any ideas?
5/17/11 11:25 PM
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jbapk
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Foreclosure plaintiffs attorneys are basically a mill system these days, likely the guy has hundreds of cases and may have made a mistake. I was involved in this for a while and there are a shit ton of mistakes being made and not corrected because of the volume of cases.
5/17/11 11:30 PM
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SpartanburgAthleticClub
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I seriously doubt it because this guy is from a small firm with only 2 lawyers, not from one of the big foreclosure mills.
5/18/11 10:27 AM
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jbapk
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I know of a plaintiffs firm that had 4 attorneys practicing foreclosures, they averaged something like 500 cases each.
5/19/11 6:29 PM
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Cookie Monster
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office mistakes happen in any size law firm. I am in a two man firm and mistakes happen all the time. I don't see the advantage in him NOT filing it, which leads me to think it was an error on his part.

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