[BOBT12]

Dear LT2DOGS:

Here's the scenario. My brother recently received a phone call out of the blue from an individual inquiring about buying a parcel of land which my brother owns that the county is going to auction off for non-payment of back taxes. The thing is, my brother has received no communication whatsoever from the county regarding any deficiency, and knows nothing about any supposed sale, though he acknowledges he hasn't kept current on his property taxes.

You may want to think about filing a “NOTICE OF LIS PENDENS”.

Here are some of the elements required to file the above:

• There must be a pending action to take real estate.
• The property must be described fully, so that it is clear what the property is. I think that there is a legal description in your deed.
• File this notice with your county clerk.


There may still be a sheriff sale, however, the notice will warn any possible buyers that the title to the property is not clear. Whoever buys the property may have to give it up at a later time.

Here is a sample form “Secrets of the Legal Industry” by Richard Luke Cornforth:

Notice of lis pendens
IN THE SUPERIOR COURT OF CARROLL COUNTY
STATE OF GEORGIA

Bill Blackwell, )
)
Plaintiff )
)
)
v. )
)
Esler C. Citizen and )
Angie G. Citizen )
)
Defendants )


NOTICE OF LIS PENDENS

BRIEF IN SUPPORT

The above referenced action to take the property located at 705 Cross Plains Road, Carrollton, Georgia is subject to a pending action in Chilton County Circuit Court, Chilton County, Alabama attached as exhibit "A." Service of process has been made on Bill Blackwell, defendant in the Chilton County Circuit Court action, attached as "B."
Third parties are hereby bound that any interest they may acquire in the property located at 705 Cross Plains Road will be subject to the outcome of the Chilton County action attached.

Prepared and submitted by: __________________________________
Esler C. Citizen and Angie G. Citizen,
705 xxxx Road
xxxxx, Georgia 30116
(770)834-0000

================================================== ======

AFFIDAVIT

I, Esler C. Citizen, also known as Butch Citizen, of lawful age, being first duly sworn, upon oath state as follows:
1. I, hereby give notice that on _________ I filed a petition in the Circuit Court of Chilton County, Alabama case number ___________ styled as Esler C. Citizen, a.k.a. Butch Citizen, Plaintiff, v. Bill Blackwell, Defendant, which action is pending in such cause in said Court in which action various issues have been raised which affect Bill Blackwell's interest in the title to the property located at 705 Cross Plains Road Carrollton, Georgia. Mr. Blackwell is in receipt of service.
2. The property located at 705 xxxxxx Road Carrollton, Georgia is of a character to be subject to the principle of Lis Pendens.
3. That 705 xxxxxx Road Carrollton, Georgia is sufficiently described in and identified in the above style case and is in fact the res of the pleadings attached so that there can be no mistake regarding what property is in question and whether that property is subject to the outcome of the attached pleadings.
4. The Court in the above styled case has jurisdiction of the Esler C. Citizen and Angie G. Citizen, and also, of the property.
______________________
Esler C. Citizen

Before me, the undersigned, a Notary Public in and for said County and State on this ____ day of ________, 200__, personally appeared Esler C. Citizen to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act.
Given under my hand and seal the day and year last above written.
My commission expires __________
________________ Notary Public

Please consider buying the book, if you find the information useful. Secrets of the Legal Industry Workbook[Workbook]. It cost about $30.00.:

http://richardcornforth.com/shop/pro...f3b18c8f2cd41f