Sentences with phrase «pendens on»
This is why you should be worried if you discover a lis pendens on a title report, says David Reiss, a former private practice real estate attorney who is now the Academic Program Director at the Center for Urban Business Entrepreneurship (CUBE) at Brooklyn Law School.
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Dispute for malicious prosecution brought by third - party adversary of client alleging counsel had unlawfully recorded and maintained lis pendens on apartment building in major city, resulting in multi-million dollar loss
Not exact matches
These courts would have full jurisdiction to hear the full claim and other courts would be barred to hear claims based on lis pendens.
Quebec civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - 167].
Recent court cases include Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH [2014] EWHC 2782 (Ch) Jessica was instructed (with Hugh Mercer QC) for the defendants in their successful application for a stay of English proceedings in relation to an ISDA Master Agreement, on the grounds that conciliation proceedings in Switzerland were sufficient to trigger the lis alibi pendens provision in Article 27 (1) of the Lugano Convention 2007.
A lis pendens differs from a construction lien in that (unlike the construction lien) it doesn't create a lien on real property.
A Florida court has considered whether a real estate broker in that state can retain a lis pendens notice on a commercial property for an unpaid commission.
A lis pendens can be placed on a property for a variety of reasons.
«Depending on the underlying action that is the subject of the lis pendens, ownership of the property might be at issue.
When you file a legal notice «lis pendens» on a property it puts a black mark on it until the issue is resolved.