Abstract Of Lien Lis Pendens

IN THE CHANCERY COURT OF SHELBY COUNTY, TENNESSEE * * * CASE # * vs. * PART * * * * * ABSTRACT OF LIEN LIS PENDENS KNOW ALL PERSONS BY THESE PRESENTS, that pursuant to T.C.A. 247 20-3-101(a), I hereby certify that on the day of , 20, this action was commenced in this court and remains on file and of record in my office and that according to such record: 1. The names of the parties to this action are: 2. A description of the real estate affected is: 3. The owner(s) of the real estate affected is/are: 4. The nature and amount of the lien sought to be fixed is: 5. That a restraining order affecting said property has has not been issued. If issued, information relevant to the restraining order and the duration thereof, pursuant to T.C.A. 247 20-3-105, is: NOTICE IS HEREBY GIVEN to bona fide purchasers and encumbrancers for value of the aforesaid property, or any interest therein, that upon registration of this abstract with the Shelby County Register222s Office, [Party/Plaintiff] has a lien lis pendens upon said property, as provided in T.C.A. 247 20-3-101 or T.C.A. 247 26-4-104. WITNESS my hand and seal, this day of , 20. DONNA L. RUSSELL, CLERK & MASTER COURT SEAL American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS LIEN LIS PENDENS T.C.A. 247 20-3-101-105; T.C.A. 247 25-5-108; T.C.A. 247 26-4-104 Under T.C.A. 247 20-3-101(a), the lien lis pendens can only be applied against real estate situated in the county of suit. Such actions are in rem and must be filed in the county where the land is located. Title to real estate in Shelby County is not affected as to third parties unless they have actual notice. For an ABSTRACT OF LIEN LIS PENDENS to be filed in the Shelby County Register222s Office, the Abstract of Lien Lis Pendens must come from a Shelby County Court on a Shelby County action. A lien lis pendens can be in furtherance of: the setting aside of a fraudulent conveyance subjection of property under return of nulla bona tracing a trust fund enforcing an equitable vendor222s lien or otherwise [T.C.A. 247 20-3-101.] Also, a creditor has a lien lis pendens upon property of a defendant. [T.C.A. 247 26-4-104.] While it is strongly encouraged, the complaint or petition is not required to use the magic words lien lis pendens in order for the lien to attach. The lis pendens rule is based on necessity and notice. Necessity because did it not exist, litigation could be indefinitely prolonged in consequence of successive alienations of the property in dispute. Notice because the court records are notice to the world. 2474.02, Gibson222s Suits In Chancery, 8th Ed. Therefore, if the defendant is placed on notice in the complaint or petition such that he knows what property the plaintiff claims against, the lien is automatically in existence without the use of the mere words lis pendens; or even the filing of an abstract of lien lis pendens in the Register222s Office. However, our legislature saw fit to require the registration in the county register222s office of an abstract of lien lis pendens in order to protect against bona fide purchasers and bona fide encumbrancers for value. T.C.A. 247 20-3-101; Cannon Mills, Inc. v. Spivey, 208 Tenn. 419, 346 S.W.2d 266 (1961). There are also liens on land requiring abstracts under T.C.A. 247 25-5-101, et seq., dealing with liens of judgment. T.C.A. 247 25-5-101 provides for certified copy of a judgment to be filed in the register222s office where the land is located. T.C.A. 247 25-5-107 provides that when the land is in a county other than the one where i) the judgment was rendered, ii) the judicial attachment, or iii) a lis pendens is filed, that an abstract be filed in the county where the land is situated. T.C.A. 247 25-5-108 defines the contents of the required abstract: T.C.A. 247 25-5-108(a). Abstract of the judgment or decree requires: 1) the names of the parties 2) the name of the court 3) the case number 4) the amount of the judgment 5) the date of the judgment 6) the names of all parties against whom the judgment is taken T.C.A. 247 25-5-108(b). Abstract of the complaint, attachment, lis pendens requires: 1) the names of the parties 2) the name of the court 3) the case number 4) the date of the commencement of the action 5) the date of levy of the attachment 6) a description of the property to fix the lien upon T.C.A. 247 25-5-108(c) Abstract of the attachment or execution: 1) the names of the parties 2) the name of the court issuing the attachment 3) the case number 4) the date of issue 5) the date of levy of the attachment 6) a description of the property to fix the lien upon 7) the name(s) of all parties named as owners or interested in the property levied upon Instructional Page Only 226 Do not file this page with Register of Deeds American LegalNet, Inc. www.FormsWorkFlow.com