[WSBARP] Lis Pendens

[Kevin Winters]

So by this reasoning, banks enforcing deeds of trust, either judicially or non-judicially, always first file a lis pendens?  not from what I have seen . . .

Kevin M. Winters
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From: James L. Strichartz [mailto:jim at condo-lawyers.com]
Sent: Tuesday, February 27, 2018 9:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Lis Pendens

Carmen,

Greetings from the middle of the Indian Ocean. I respectfully disagree. An action to foreclose a lien is an action that effects the title to real property. If it goes to a decree of foreclosure and sale, it divests the owner of title.
Jim Strichartz


On Feb 28, 2018, at 12:45 AM, Carmen Rowe <carmen at gryphonlawgroup.com<mailto:carmen at gryphonlawgroup.com>> wrote:
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
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