Lis Pendens in Real Estate Transactions: Asserting and Defending Property Rights, Recent Cases
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide real estate counsel with an advanced and in-depth discussion of the proper use of lis pendens as well as strategies and best practices to protect clients' real property rights while avoiding unnecessary liabilities.
Outline
- Lis pendens overview
- History and development of lis pendens doctrine
- Litigation
- Property
- Parties
- Duration and cancellation
- Requirements
- Effect
- Defenses
- Best practices, strategies, and procedures
Benefits
The panel will review these and other key issues:
- How can a buyer protect its interests in property until a lawsuit is finally resolved?
- What are best practices for using lis pendens to assert or defend property rights?
- What are the most common issues that arise with third-party rights, and what are best practices for resolving these issues?
- When would an action to quiet title be necessary to resolve a break in the chain of title, and what are best practices for curing title through litigation?
- What are the notice requirements for an effective lis pendens?
- What do recent cases hold regarding the enforceability of lis pendens?
- What are effective strategies for avoiding unnecessary liabilities?
Faculty
Karen L. Hart
Partner
Bell Nunnally & Martin
Ms. Hart is a business attorney with over 17 years of experience litigating commercial disputes. She counsels clients... | Read More
Ms. Hart is a business attorney with over 17 years of experience litigating commercial disputes. She counsels clients on real estate and landlord-tenant matters as well as various contract and business disputes. Ms. Hart provides guidance on business legal matters such as lease, purchase and sale, brokerage and property management disputes, specific performance claims, commercial evictions, lis pendens, lien and bond claims, lien priority disputes, promissory note claims, commercial foreclosures, bankruptcy claims, professional ethics and liability matters, bills of review, confidentiality, noncompetition and non-solicitation agreements and related disputes and injunctive proceedings, and business tort claims, including tortious interference with contracts and business relationships, civil theft, fraud, and misappropriation of trade secret claims.
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Christian A. Petersen
Atty
Hackleman Olive & Judd
Mr. Petersen has extensive experience in complex commercial and construction litigation, contract and business... | Read More
Mr. Petersen has extensive experience in complex commercial and construction litigation, contract and business disputes, real estate litigation, and representation of creditors in bankruptcy and insolvency proceedings. His practice includes representing international clients throughout the state of Florida, and he has been recognized as a Top Lawyer and an Up & Comer by the South Florida Legal Guide, Florida Trend Legal Elite, and by Super Lawyers.
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