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Tag Archives: Lis pendens

Real Property — Easements – Subdivided Property – Lis Pendens – Road-Building Costs – Forum Selection Clause (access required)

Seventeen South, LLC v. D.R. Horton, Inc. (Lawyers Weekly No. 002-023-15, 24 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03119; D.S.C. Holding: Plaintiffs’ claims require the court to interpret a reciprocal easement and right-of-way agreement, and plaintiffs argue that the obligations in ...

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Real Property – Tort/Negligence – Constructive Trust – Corporate — Mortgages – Foreclosure – Lis Pendens (access required)

Carolina Park Associates, LLC v. Marino The same people were involved in two companies: (1) CDM of Charleston, LLC (CDM), which held a second mortgage on the Carolina Park real estate development and (2) MDC of Charleston, LLC (MDC), which was a member of the limited liability company that owned Carolina Park (Carolina Park Associates, LLC).

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Tort/Negligence – Real Property – Slander of Title – Lis Pendens – Absolute Privilege – Unfair Trade Practices – Breach of Contract – Abuse of Process (access required)

D. R. Horton, Inc. v. Wescott Land Co. Even though the plaintiff-buyer allowed its first lis pendens to expire while the parties continued to negotiate, the buyer filed a second lis pendens on the same property and perfected it by filing this lawsuit involving that property. Therefore, the first lis pendens cannot form the basis of a slander of title claim.

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