What Is a Slander of Title Claim?
If someone has published a false and disparaging treatment about your property that could harm the potential value of your property or if you are accused of filing such a statement against a property, a slander of title case may arise. These cases are often complex and require careful analysis by a trained legal professional.
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Slander of Title Explained
Slander of title refers to a false and disparaging statement that is published about someone else’s real property that has a negative effect on a property’s value. Slander of title actions sometimes go hand in hand with lis pendens actions.
Lis pendens actions are filed along with a lawsuit concerning title to real property that gives the recorder of deeds office notice that a lawsuit regarding the property is in process. This also gives notice to other people searching the land records notice of the pending lawsuit. However, a lis pendens can form the basis of a slander of title action when it is misused, such as when filing a lis pendens when there is no suit pending. The person filing a lis pendens in this situation may be trying to stop or delay a real estate sale or other transaction rather than for any lawful purpose.
Elements of Slander of Title
To win a slander of title case, the plaintiff must prove the following legal elements:
- The plaintiff has an interest in the property
- The defendant published a statement about the plaintiff’s property
- The statement was false
- The statement was maliciously published
- The plaintiff suffered a financial loss or injury because of the false statement
An example of slander of title can occur when someone records a lis pendens when there is no lawsuit pending regarding the property. This type of case could also arise when someone files a false and malicious recording with the recorder of deeds.
¨With a background in business and real estate, I have a strong passion for guiding others through these complex areas of law. I became an attorney to have a positive impact on others. I strive to do everything I can to help my clients find a solution for their unique legal challenges.¨
Ted Disabato
Other common examples of slander of title include:
- A contractor who falsely and maliciously records a mechanic’s lien against a property for work that was never actually performed.
- Someone who files a false public record claiming ownership of a piece of land that rightfully belongs to someone else.
- A person who spreads false statements, such as claiming a home is heavily damaged or in foreclosure, in an attempt to derail a pending sale.
Here are some more details on each of the legal elements:
False Statement
It is not enough to show that a statement was damaging. It must be an untrue statement. The truth is a defense to this type of action.
Publication
The plaintiff must also show the statement was published. In this context, publication means the false statement was made in some type of public record, such as an official filing with the recorder of deeds office.
Malice
The plaintiff in a slander of title action must show that the statement was published maliciously. In legal terms, this means the defendant made the statement knowing the statement was untrue or had no reason to believe it was true.
Damages
This type of legal action is only successful if it can be shown that the false statement caused damages. Damages refers to the monetary loss or reduction of value of the property.
It can be difficult to prove all of the elements necessary to establish a slander of title case. An experienced real estate attorney can review your situation and explain whether these elements can be proven.
Reach Out to Us for Help with Your Slander of Title Case
If you are facing a slander of title action or want to take action against someone who has disparaged your property, TdD Attorneys at Law can help. We can discuss your legal rights and options during a free case review.
Contact us today to learn more.
Ted Disabato
Ted D. Disabato is the Managing Member of TdD Attorneys at Law LLC, Broker/Realtor of TdD Premier Real Estate and The Realty Shop, and partner in VUE Title LLC and VUE Mortgage LLC – providing his clients cradle to grave service. If you’re looking for an experienced St. Louis estate planning lawyer, make sure to contact Ted Disabato today.