Motion to Discharge/Cancel Lis Pendens in Missouri

Background

“A lis pendens serves as notice of pending litigation.” (See Steen v. Colombo (1990) 799 S.W.2d 169, 179.)

“The filing of lis pendens provides record notice to potential purchasers of a pending suit which may affect the title to property.” (See Pipefitters H. W. Tr. v. Waldo R., Inc. (1988) 760 S.W.2d 196, 199.)

“Its purpose is to preserve rights pending the outcome of litigation.” (See id.)

General Information for Complaints and Motions

"Recording a notice of lis pendens is authorized by section 527.260 in a civil suit making equitable claims involving real estate." (See Space Planners v. Frontier Town-Missouri (2003) 107 S.W.3d 398, 406.)

“A lis pendens filing gives constructive notice to purchasers or encumbrancers of any equitable right, claim or lien affecting or designed to affect real estate." (See id.)

“A lis pendens notice must contain a description of the real estate liable to be affected thereby." (See id.)

“The potential protection afforded by a lis pendens filing extends only to property described in the notice; it does not affect other real estate owned by a person named in the notice.” (See id.)

Standard of Review and Burdens of Proof

“Section 527.260 RSMo 2000 provides for the filing of lis pendens [i]n any civil action, based on any equitable right, claim or lien, affecting or designed to affect real estate[.]” (See First Nat. Bank of St. Louis v. Ricon (2010) 311 S.W.3d 857, 864.)

“Where lis pendens notices have a reasonable relation to the action filed, absolute privilege attaches to their recordation.” (See id.)

“Parties have an absolute privilege to disparage another's property interest when participating in a judicial proceeding if the disparagement has some relation to the judicial proceeding.” (See id.) 

“However, the filing of such notices can constitute slander of title where the filings are instituted for a purpose other than securing adjudication of a plaintiffs claim and without reasonable belief in a valid claim.” (See id.)

The Court’s Decisions

“It is well settled that the filing of a lis pendens is constructive notice only as against persons acquiring title or an interest in the property in litigation after the suit has commenced. A person whose interest existed at the commencement of the suit will not be bound by the proceedings unless he be made a party to the suit." (See Tinnon v. Tanksley (1966) 408 S.W.2d 98, 103.)

It is also well settled that “one who files a notice of lis pendens is absolutely privileged and immune from liability for slander of title as long as the notice has a reasonable relation to the action filed.” (See Pipefitters H. W. Tr. v. Waldo R., Inc. (1988) 760 S.W.2d 196, 200.)