is it true that a lis pendens can only be filed if there is a dispute over title of property?
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is it true that a lis pendens can only be filed if there is a dispute over title of property?
I am trustee for a 175 acre piece of property for my 7 children. On this property is a golf course that is an s-corp. In 2012 I sold the natural gas rights to a company and put that money into the golf course according to my belief at the time that I was allowed to do so. The property was bought in 1965 specifically to put a golf course on it. It was solely owned at that time. This past summer 2 of my children who live with their mother used her divorce atty. to sue me because they said that I should have distributed the gas money to all members of trust. The suit was ended if I gave up my right as sole trustee to those 2 children and become co-trust holder with them. I had a fantastic offer from a reputable home builder at that time to buy the property. My ex-wifes atty. filed a lis pendens and effectively stopped the sale. The lawsuit was never about title of property but about how and where the money from the gas well people was spent greed. I have not seen the lis pendens but my atty. handling the sale said that it was definitely slander.I want to sue the atty. who filed for the amount I would have gotten if he would not have filed the lis pendens.
Asked on February 22, 2018 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You should definitely seek help from a seasoned realestate attorney in your area. It is my understanding that you are correct: that in PA the only time to file a lis pendens is when the title to the Real Estate is in question. There is some recent case law on the subject if you can stomach the read through. Good luck.
Michael, R v. GLD Foremost Holdings, 2017 Pa. Super. LEXIS 94 (Feb. 16),
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