Determining whether Lis Pendens Against Property is Appropriate – Fair Nexus

When a lis pendens is recorded against property and the lawsuit is NOT founded on a duly recorded instrument and is NOT based on a construction lien, the other party will, and should, move to discharge the lis pendens. This will oftentimes require an evidentiary hearing where there court will determine whether there is a fair nexus to support the lis pendens, and if so, an amount associated with a lis pendens bond for the party that recorded the lis pendens to post. In determining whether a lis pendens against property is appropriate: The relevant question for the trial court, and the...