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Ratings. Guidance. The Right Lawyer.
Suing for "Wrongly Filing of A Lis Pendens"
Seattle, WA
Viewed 23 times.
Posted 19 days ago in Lawsuits / Disputes
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I had a lawsuit filed against me that took over two years to litigate. (long story involved) Plaintiff had filed a Lis Pendens on a property of mine which prevented me from sellling the property. The Plaintiff (my renter) refused to make rent payments during this time. I lost the house to foreclosure half way through the lawsuit. My equity loss was about $250,000
My renter bought the property at the foreclosure sale . The Judge recently dismissed their case with prejudice based on the Statute of Limitations surrounding the original filing. The Judge (the third one involved in the case) said he saw no justification for the case having been filed in the first place. I am now prepared to sue for "Wrongly Filing of A Lis Pendens" How do I find an aggresive attorney to pursue this? - Is this your question? Add additional information Answers (3)
Shawn B Alexander
This attorney is licensed in Washington.
Posted 19 days ago.
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The Lis Pendens is resevered to give notice to the public of litigation of the title of real property. I have pasted a link to the statute below;
http://search.leg.wa.gov/pub/textsearch/ViewRoot.asp?Action=Html&Item=0&X=1104063708&p=1 Bear in mind although you can show damage, costs and fees and you may be able to win the case, a judgement may be impossible to collect from a renter. Good Luck
Shawn B Alexander
This attorney is licensed in Washington.
Posted 19 days ago.
Flag as objectionable
The Lis Pendens is resevered to give notice to the public of litigation of the title of real property. I have pasted a link to the statute below;
http://search.leg.wa.gov/pub/textsearch/ViewRoot.asp?Action=Html&Item=0&X=1104063708&p=1 Bear in mind although you can show damage, costs and fees and you may be able to win the case, a judgement may be impossible to collect from a renter. Good Luck 
Pamela A Wilson
This attorney is licensed in California and 2 other states.
Posted 19 days ago.
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Normally a challenge to a purported wrongfully filed lis pendens is raised in the litigation for which it was filed (the case the judge said was improperly brought). You need to speak with a foreclosure expert and/or real estate attorney , also a plaintiff's legal malpractice attorney in your area. You can find one by contacting your local bar association or the state bar in your state - they usually have referral services to help you find an attorney specializing in you kind of case. Your state may permit a suit for malicious prosecution which is a suit claiming the renter who sued you had no probable cause to sue you in the first place and did so knowing he had no good reason or in reckless disregard of knowing that. His/her attorney can be named as a defendant and if that attorney has insurance you have two ways to try and get your money back - from the former plaintiff/renter and from his/her attorney. You need to know your state's laws in this regard before filing anything. Be prepared to show you wouldn't have lost the home to foreclosure but for the renter's actions.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. This answer does not constitute an attorney-client relationship. |
