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Appeals › Lis Pendens

Patton Sullivan Brodehl LLP

Court Permission Required for a Second Lis Pendens

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A recorded lis pendens notifies prospective purchasers, encumbrancers, and transferees that there is litigation pending that affects the property.  To curb abuses of the lis pendens process, the Legislature enacted amendments...more

Patton Sullivan Brodehl LLP

Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens

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One of the tools available in the real estate litigation attorney’s toolbox is a lis pendens, also known as a notice of pending action. A lis pendens is a document recorded at the County Recorder’s Office providing...more

McGlinchey Stafford

Is my conduct a violation of the Consumer Sales Practices Act?

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The Bullet Point: Ohio Commercial Law Bulletin Is my conduct a violation of the Consumer Sales Practices Act? Volume 4, Issue 18 October 2, 2020 Unconscionable arbitration agreement Klonowski v. Lynch, 8th Dist. Cuyahoga...more

Conn Kavanaugh

Massachusetts Supreme Judicial Court Strengthens Weapons Available to Defendant Landowners Facing Defective Claims Allegedly...

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In cases allegedly involving an interest in real property, the Massachusetts lis pendens statute, G.L. c. 184, § 15, allows the defendant to file a special motion to dismiss frivolous claims. If the trial court allows the...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending January 27, 2017

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REAL PROPERTY UPDATE - Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more

Bradley Arant Boult Cummings LLP

Appellate Court Reverses Course on Lis Pendens Effect on Post Judgment Liens

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UPDATE: On rehearing, the appellate court held that all liens placed on property between a final judgment of foreclosure and judicial sale are discharged by Florida statute. Specifically, the court recognized that the sale...more

Burr & Forman

Fourth District Court of Appeal Breathes Life Back into Lis Pendens Statute

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Florida’s Fourth District Court of Appeal breathed life back into the lis pendens statute by reversing course in Ober v. Town of Lauderdale-By-the-Sea. On a motion for rehearing, the Court withdrew and replaced its August 24,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Foreclosing Subsequently Accruing Liens no Longer a Certainty under the Lis Pendens Statute

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The predictable landscape of foreclosing real property is no longer that for mortgagees, potential investors, construction professionals or municipalities in Florida. Last week, the Fourth District Court of Appeal confirmed...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

Blake, Cassels & Graydon LLP

Alberta Court of Appeal Finds That Certificate of Lis Pendens to Perfect Builders’ Lien May Not Be Required

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In a recent decision, TRG Developments Corp. v. Kee Installations Ltd. (TRG Developments), the Alberta Court of Appeal (Court) was required to determine whether the failure to register a certificate of lis pendens (CLP)...more

Blake, Cassels & Graydon LLP

Alberta Court Clarifies Builders’ Lien Registration When Contract Abandoned

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On February 25, 2015, the Alberta Court of Appeal released its decision in Tervita Corporation v. ConCreate USL (GP) Inc. In that case, the court was required to determine whether a builders’ lien registered by Tervita...more

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