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Procedures in Condemnation Cases

Condemnation is the action of a governmental entity when it takes private property for a public use. When a state takes private land to build, expand, or develop a public highway, that private property is condemned through a judicial process that ultimately transfers the title of the land from the private owner to the state in exchange for the payment of funds that reflect the reasonable value of the land taken.

Lis Pendens

Emile and Ericka found their dream house. In examining the title to the property, the title company indicated that it found a "Notice of Lis Pendens." The notice indicated that a bank, the mortgage holder on the property, had initiated foreclosure proceedings.

Mechanic's Liens

A mechanic's lien, also known as a materialman's lien or a construction lien, is a mechanism whereby contractors involved in the process of making improvements to real estate secure payment for their services and materials.

Options to Purchase Real Estate

Briefly stated, an option refers to a party's right to purchase real estate within a specified period of time.

Marketable Title and How It Is Affected by Liens

A entered into an agreement of sale with B wherein A agreed to purchase certain real estate. Among other items in the agreement, B specifically agreed to convey "marketable title" to A. The title inspection ordered by A revealed numerous liens against the real estate, including tax liens and judgment liens.