Understanding the Motion to Expunge Lis Pendens in Maryland

"The doctrine of lis pendens is well-established in Maryland.” (See Greenpoint v. Schlossberg (2005) 390 Md. 211, 224.)

“Under the doctrine, an interest in property acquired while litigation affecting title to that property is pending is taken subject to the results of that pending litigation.” (See id.)

“Thus, [u]nder the common-law doctrine of lis pendens, if property was the subject of litigation, the defendant-owner could transfer all or part of his or her interest in the property during the course of litigation, but not to the detriment of the rights of the plaintiff.” (See id.)

“The lis pendens doctrine in Maryland applies only to actions affecting title to, or a leasehold interest, in real property.” (See Gratton v. Progar, No. 1872-2021, at *6 (Md. Ct. Spec. App. Mar. 9, 2023).)

“The full scope of the application of lis pendens encompasses actions directly relating to the title to the property transferred or in which the ultimate interest and object is to subject the property in question to the disposal of a decree of the court.” (See DeShields v. Broadwater (1995) 338 Md. 422, 435; Gratton v. Progar, No. 1872-2021, at *6 (Md. Ct. Spec. App. Mar. 9, 2023).)

“Lis pendens literally means a pending action; thus, the doctrine of lis pendens concerns the jurisdiction, power, or control that a court acquires over real property involved in an action, pending final judgment.” (See Gratton v. Progar, No. 1872-2021, at *6 (Md. Ct. Spec. App. Mar. 9, 2023).)

“It is generally recognized that lis pendens may not be predicated upon an action seeking recovery of money damages prior to securing a valid judgment that has become a lien upon property subject to lis pendens.” (See id; Warfel v. Brady (1993) 95 Md.App. 1, 7-8.)

Procedural Steps Involved in Filing a Motion to Expunge Lis Pendens

The doctrine of lis pendens is outlined in Rule 12-102 of the Maryland Court Rules.

“This Rule applies to an action filed in a circuit court or in the United States District Court for the District of Maryland that affects title to or a leasehold interest in real property located in this State.” (See Md. R. Prop. Act'n 12-102(a).)

“In an action to which the doctrine of lis pendens applies, the filing in the land records of a county in which real property that is the subject of the action is located of either (1) a certified copy of the complaint giving rise to the lis pendens or (2) a Notice of Lis Pendens, substantially in the form approved by the State Court Administrator and posted on the Judiciary website, is constructive notice of the pending action as to the subject real property located in that county.” (See Md. R. Prop. Act'n 12-102(b).)

“On motion of a person in interest and for good cause, the court in the county in which the action is pending may enter an order terminating the lis pendens in that county and any other county in which the lis pendens has been recorded.” (See Md. R. Prop. Act'n 12-102(c).)

“A lis pendens is terminated:

1. by an order of court dismissing the action, if a timely appeal is not taken, or if an appeal is taken, the appeal is dismissed or the dismissal is affirmed;
2. by entry of a judgment in favor of the defendant, if a timely appeal is not taken or the judgment is affirmed on appeal; or
3. by the mandate of an appellate court reversing a judgment in favor of the plaintiff.”

(See Md. R. Prop. Act'n 12-102(c)(2).)

“Upon termination of a lis pendens pursuant to section (c) of this Rule, the plaintiff shall record a notice of termination of lis pendens in the land records of each county in which the lis pendens was recorded pursuant to section (b) of this Rule. The notice shall be substantially in the form approved by the State Court Administrator and posted on the Judiciary website.” (See Md. R. Prop. Act'n 12-102(d).)

“Within 10 days after termination of the lis pendens, if the plaintiff fails to comply with section (d) of this Rule, the court with jurisdiction over the action, on motion of any person in interest and upon such notice as the court deems appropriate in the circumstances, may authorize any interested person to file the notice of termination. In the order, the court shall direct the plaintiff to pay the costs and expenses incurred by the person obtaining the order, including reasonable attorney's fees, unless the court finds that the plaintiff had a good reason justifying the failure to comply.” (See Md. R. Prop. Act'n 12-102(e).)

Legal Precedents and Case Law on a Motion to Expunge Lis Pendens

It is well settled that “Lis pendens has no specific separate existence apart from its basic function to advise a person who seeks to acquire an interest in property subject to a lis pendens that he will be bound by the outcome of the noticed litigation.” (See Greenpoint v. Schlossberg (2005) 390 Md. 211, 222.)

It is also well settled that “the rule of lis pendens generally arises in the context of disputes in which one or more parties have possession of real property and the potential of premature, precipitous, undue or untoward alienation of that property needs to be avoided.” (See id.)

Current as of April 1, 2024 | Updated by Trellis Law Content Team

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