How to Remove a Lis Pendens Notice in Missouri
A lis pendens is a public notice that means “lawsuit pending.” It can be filed in Missouri to show any potential buyers or other interested parties that the property is involved in an active legal dispute that may affect the title or ownership rights.
If you receive notice of a lis pendens against a property you own, this can interfere with its sale. The legal steps to have a lis pendens notice removed in Missouri depend on the type of removal process you wish to pursue.
What Are the Requirements for Filing a Lis Pendens in Missouri?
The requirements for filing a lis pendens notice are that the legal action or dispute in question must still be pending and involve a real property claim. A lis pendens can be filed in Missouri with the county clerk or recorder’s office in the jurisdiction where the real estate is located. Once filed, the notice becomes part of the public record and is viewable to anyone who searches the title of the property.
Removing a Lis Pendens in Missouri
The filing of a lis pendens notice against a property in Missouri can have a significant impact on the marketability of the real estate. Buyers may not want to purchase a property that is currently involved in a legal dispute, as the resolution of the litigation could materially affect the property’s title. If you wish to remove this type of public notice in Missouri, consult with an St. Louis lis pendes attorney to review your options.
Resolving the Legal Matter
One option for removing a lis pendens in Missouri is resolving the underlying legal matter. Work with an attorney to negotiate with the party that filed the lis pendens notice to have the lawsuit dismissed, reach a settlement agreement or obtain a final judgment from the courts. Once the litigation has ended, you can file a release of lis pendens with the county recorder along with proof of the resolution.
Expunging a Lis Pendens
Another option is seeking expungement of the lis pendens. This type of legal action may be possible if there is evidence that the lis pendens notice was filed incorrectly or without valid grounds. If the lis pendens should not have been recorded in the first place or was recorded maliciously, this could give you grounds to apply to the court for an expungement of the notice.
The courts may grant an expungement request if you or your attorney can demonstrate using evidence that there is an issue with the lis pendens. If the underlying litigation does not involve a real property claim, for example, the court will immediately expunge the lis pendens. If the notice is void or invalid based on legal requirements that were not satisfied or if the claimant cannot prove the validity of the underlying claim, this could also lead to expungement.
What Are Your Rights as a Victim of a Misused Lis Pendens in Missouri?
If a lis pendens was improperly filed against your property, you may be able to pursue a liability action for financial damages against the claimant under the legal doctrine of “slander of title.” As the affected property owner, you may be eligible for compensation for losses you suffered due to the improper lis pendens recording, such as the diminished market value of your property or lost sale opportunities.
For more information about removing a lis pendens notice from your property in Missouri, contact TdD Attorneys at Law LLC to request a free consultation with an attorney.