Quick Note: Lis Pendens Bond When Lis Pendens Not Founded On Recorded Instrument Or Statute

Post its on cork board

Attorney David Adelstein explains lis pendens.

May 20, 2019
David Adelstein - Florida Construction Legal Updates

If a lis pendens is recorded and the lis pendens is NOT founded on a duly recorded instrument (e.g., mortgage) or a statute (e.g., construction lien), a lis pendens bond should be recorded. The lis pendens bond should cover prospective damages associated with the wrongful / unjustified recording of a lis pendens that were suffered by the property owner. The reason being is that the lis pendens has an effect on the title to the property as long as the lis pendens is recorded. Damages could stem from a decline in the market value of the property, continued upkeep and maintenance of the property, and there may also be (and, really, should be) consideration for loss of investment return associated with the equity in that property.

Mr. Adelstein may be contacted at dma@kirwinnorris.com



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