CANCELLATION OF LIS PENDENS

Category: Land Titles And Deeds

CANCELLATION OF LIS PENDENS

> Ordinarily a notice which has been filed in a proper case cannot be cancelled while the action is pending and undetermined, except in cases expressly provided for by statute

> It may be cancelled upon order by the court or upon action by the Register of Deeds at the instance of the party who caused the registration of the notice

> While the trial court has inherent power to cancel a notice of lis pendens, such power is exercised under express provisions of law—
o If the annotation was for the purpose of molesting the title of the adverse party
o When the annotation isn’t necessary to protect the title of the party who caused it to be recorded

Section 77. Cancellation of lis pendens. Before final judgment, a notice of lis pendens may be canceled upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be registered. It may also be canceled by the Register of Deeds upon verified petition of the party who caused the registration thereof.

At any time after final judgment in favor of the defendant, or other disposition of the action such as to terminate finally all rights of the plaintiff in and to the land and/or buildings involved, in any case in which a memorandum or notice of lis pendens has been registered as provided in the preceding section, the notice of lis pendens shall be deemed canceled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending
stating the manner of disposal thereof.