Motion to Discharge/Cancel Lis Pendens in North Dakota

Background

“This Court has said, [a] lis pendens may not be predicated on an action that does not affect the title to real property and seeks merely to recover a money judgment[.]" (See Trosen v. Trosen, (2022) N.D. 216, 14.)

“The filing of a notice of lis pendens is not appropriate when the cause of action does not directly affect title or right of possession of real property.” (See id.)

“The purpose of a notice of lis pendens is to let the world know there is an action pending.” 

General Information for Complaints and Motions

“We have said that the purpose of a notice of lis pendens is to let the world know that there is an action pending, and everybody interested can go to the clerk's office, and there learn the particulars from the complaint." (See Investors Title Ins. Co. v. Herzig (2010) 788 N.W.2d 312, 322.)

"A lis pendens is notice of all facts apparent on the face of the pleadings, and of those facts of which the facts so stated necessarily put the purchaser on the inquiry." (See id.)

"A lis pendens filing binds a purchaser of property described in the lis pendens to all that in like manner affects his granter." (See id.)

Standard of Review and Burdens of Proof

“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, 324-25.)

“An action for money only, even if it relates in some way to specific real property, will not support a lis pendens.” (See id.)

“Accordingly, where the primary purpose of a lawsuit is to recover damages and the action does not directly affect title to or right of possession of real property, the filing of a notice of lis pendens is inappropriate.” (See id.)

The Court’s Decisions

It is well settled that “under the common law doctrine of lis pendens, a prospective purchaser of real property was on constructive notice of any litigation raising a claim to the real property, but the common law doctrine applied to give constructive notice of only litigation in the courts of the state where the real property was located.” (See Conrad v. Wilkinson (2017) 901 N.W.2d 348, 352.)

It is also well settled that “a notice of lis pendens, i.e., a notice of the pendency of an action, is not required if the action is for the foreclosure of a mortgage.” (See Federal Land Bank of St. Paul v. Lillehaugen (1985) 370 N.W.2d 517, 519.)