[WSBARP] Lis Pendens

[Carmen Rowe]

Forgive not including the chain of excellent comments below, I'm on digest
and did not want to inundate with the full digest chain ....

But I wanted to echo Tom's analysis. I think any lien that does not have to
do with rights to title (easement, adverse possession, real estate
contract, etc.) is not an appropriate basis for a lis pendens. Anything
that is a claim that *in and of itself* affects the scope of someone's
rights to property is a claim dealing with title.

The lien itself might impact title in a technical way, but only in sense of
saying the property is encumbered by *a financial obligation. *that's not
what the statute contemplates. It is not a dispute as to extent of or
rights in title someone may have.

And - why risk it? If there is a recorded lien, there is notice to the
world, and will run with the property. A lis pendens is redundant, and
risks attorney's fees etc. I once obtained a judgment for a client covering
nearly $17,000 in attorney's fees (every dime incurred) challenging a lis
pendens inappropriately filed. Different facts, but same legal principles
discussed here. I just don't see the value. And I just don't see how you
get around the fact that this is all about recovery of money.


Carmen Rowe, Attorney/Owner


Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

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