What Is A Certificate Of Pending Litigation?

Introduction

When it comes to buying or selling property, there are a number of legal documents that need to be in order. One of these is a Certificate of Pending Litigation (CPL). This document can be confusing and intimidating for those who are not familiar with legal jargon, but it is an important document to understand.

What is a CPL?

A CPL is a legal document that is filed in court to protect a party’s interest in a piece of property. It is typically filed by someone who has a legal claim against the property and wants to ensure that their claim is recognized. Once a CPL is filed, it becomes a public record and can be viewed by anyone who searches for the property.

Why is a CPL important?

A CPL is important because it can affect the sale of a property. If a CPL is filed, it means that the property cannot be sold or transferred without the consent of the person who filed the CPL. This can make it difficult to sell a property or obtain a mortgage on it.

Who can file a CPL?

Anyone who has a legal claim against a property can file a CPL. This includes individuals, corporations, and government bodies.

What are some examples of legal claims that can result in a CPL?

There are a number of legal claims that can result in a CPL being filed. Some examples include:

• Unpaid debts
• Disputes over ownership of the property
• Building code violations
• Environmental contamination
• Disputes over easements or rights-of-way

How is a CPL filed?

A CPL is filed in court by submitting a document called a Notice of Claim. This document outlines the legal claim against the property and includes the name of the person making the claim, the legal description of the property, and the nature of the claim.

What happens after a CPL is filed?

Once a CPL is filed, it becomes a public record and can be viewed by anyone who searches for the property. If someone is interested in buying or financing the property, they will see that a CPL has been filed and will be aware that there is a legal claim against the property.

Can a CPL be removed?

Yes, a CPL can be removed if the legal claim against the property is resolved. This can be done by filing a document called a discharge of CPL.

How long does a CPL last?

A CPL remains in effect until it is discharged or the legal claim against the property is resolved.

What are the consequences of ignoring a CPL?

If a CPL is ignored, it can result in legal action being taken against the person who purchases or finances the property. It is important to take a CPL seriously and to seek legal advice if you are unsure of how to proceed.

How can you find out if a CPL has been filed?

You can find out if a CPL has been filed by searching the public records at the courthouse. You can also hire a title search company to perform a search for you.

Conclusion

A Certificate of Pending Litigation is an important legal document that can affect the sale and financing of a property. It is important to understand what a CPL is and to seek legal advice if you are unsure of how to proceed. By taking the necessary steps to address a CPL, you can ensure that your property rights are protected.