A motion to expunge lis pendens is a legal request to remove a lis pendens notice, which is a recorded document that provides public notice of a pending lawsuit affecting the title or ownership of a property. This motion is typically filed by the property owner or an interested party who believes the lis pendens is unjustified or improperly filed. If the court grants the motion, the lis pendens is removed, effectively lifting the cloud on the property's title and allowing for transactions such as sale or refinancing to proceed without hindrance.
At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. (Code of Civ. Proc., § 405.30.) In proceedings under this chapter, the court shall order a lis pendens expunged if it finds…
“When ... a property owner files a motion for discharge alleging an invalid notice of lis pendens, resolution of this motion is governed in its entirety by General Statutes § 52–325d.” (Levinson v. Lawrence (2016) 162 Conn. App….)
“The lis pendens serves ‘to enable interested third parties to discover the existence and scope of pending litigation affecting property.’” (Presidential Bank, FSB v. 1733 27th St. SE LLC, 271 F. Supp. 3d 163, 167 n.4 [D.D.C. 2017] citing Cordoba Initiative Corp. v. Deak, 943 F.Supp.2d 74, 75 [D.D.C. 2013)] [quoting McNair Builders v. 1629 16th St., L.L.C., 968 A.2d 505…)
It is well settled that Superior Court Civil Rule 64(a) provides that “at the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of compelling appearance or securing satisfaction of a judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the statute.” (See Cannelongo v. Fidelity Am. Small Bus (1988) 540 A.2d 435…)
A motion to dissolve lis pendens is properly granted where “proponents of the lis pendens .... fail to establish a fair nexus between the apparent legal or equitable ownership of the property and the dispute embodied in the lawsuit.” (Blue Star Palms, LLC v. LED Trust, LLC (2012) 128 So….)
"The purpose of lis pendens or notice of lis pendens is to give effective notice to third persons of pendency of litigation affecting property and its purpose is the same in the context as a mechanic's lien." (See Henigan v. Southwest Corporation (2003) 784 N.E.2d 536…)
“Notice of lis pendens serves an important public purpose by protecting the right to litigation involving real property and protecting prospective purchasers by apprising them of disputes regarding rights in the land.”(Kauffman v. Shefman (1988) 169 Mich. App. 829…)
It is also well settled that “lis pendens binds a purchaser or encumbrancer of property to the results of a lawsuit that may affect the title to the property. The lis pendens notifies prospective purchasers and encumbrancers that any interest acquired by them is subject to a pending lawsuit.” (See Cap Care Grp., Inc. v. McDonald (2002) 149 N.C. App. 817…)
“The doctrine of lis pendens may not be predicated on an action or suit seeking merely to recover a money judgment.” (See Investors Title Ins. Co. v. Herzig (2010) 788 N.W.2d 312…)
“The purpose of the lis pendens statute, N.J.S.A. 2A:15-11, is to give notice to subsequent interest holders that their interests are subject to the outcome of the litigation for which the notice of lis pendens was filed.” (See Manzo v. Shawmut Bank, N.A. (1996) 291 N.J. Super. 194…)
“A lis pendens provides constructive notice of the suit in the absence of a party's actual knowledge of the litigation.” (Kokoricha v. Estate of Keiner (2010) 148 N.M. 322, 326 citing Title Guar. Ins. Co. v. Campbell (1987) 106 N.M. 272…)
Where “the underlying complaint cannot support the recorded lis pendens, and the district court manifestly abused its discretion in refusing to cancel them under NRS 14.015(5) [...] [mandamus] relief is warranted.” (Klugman v. Fifth Judicial Dist. Court, No. 79676-COA, at *3 [Nev. App. Oct. 11, 2019] citing NRS 34.160; Round Hill Gen. Improvement Dist. v. Newman (1981) 97 Nev. 601…)
CPLR § 6514(a) provides for the mandatory cancellation of a notice of pendency “by [t]he court, upon motion of any person aggrieved and upon such notice as it may require, shall direct any county clerk to cancel a notice of pendency, if service of a summons has not been completed within the time limited by section 6512; or if the action has…”
“The purpose of the doctrine of lis pendens is to protect the plaintiff's interest in the property that is the subject of the litigation between the parties.” (See Gunlock v. Z.B.P. Partnership, No. CA97-05-047, at *1 (Ohio Ct. App. Sep. 29, 1997).)
“A party dissatisfied with the notice of lis pendens may ask the equity court for a discharge or release of the notice which may be granted after a hearing.” (See Oak Tree Partners, LLC v. Williams (2018) 458 P.3d 626…)
“The function of lis pendens is to give constructive notice to one dealing with real property that is the subject of pending litigation that he does so subject to the outcome of that litigation.” (See Pedro v. Kipp (1987) 85 Or. App. 44…)
Note that “the doctrine of lis pendens is based in common law and equity jurisprudence, rather than in statute, and is wholly subject to equitable principles. [T]he doctrine does not establish an actual lien on the affected property.” (Michael v. GLD Foremost Holdings, LLC [In re Foremost Indus., Inc.] (2017) 156 A.3d 318…)
“A notice of lis pendens is filed on the public record for the purpose of warning all interested persons that the title to the subject property is being disputed in litigation and that, therefore, any person who subsequently acquires an interest in the property does so subject to the risk of being bound by an adverse judgment in the pending case.” (See Montecalvo v. Mandarelli (1996) 682 A.2d 918…)
“In 2009, the Texas Legislature ... amended section 12.0071 of the Texas Property Code to require a trial court to ‘order the notice of lis pendens expunged if the court determines that . . . the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim.’” (Cohen v. Sandcastle Homes, Inc. (2015)…)
“A lis pendens is notice of the pendency of an action affecting the title to real property.” (See Foster v. Nehls (1976) 15 Wn. App. 749…)
“A lis pendens is a legal notice to any such person not having knowledge of the proceedings at the time his interest was procured or derived.” (See Ross v. Specialty Risk Consultants, Inc. (2000) 240 Wis. 2d 23…)
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