When a lis pendens is recorded and it is NOT founded on a duly recorded instrument such as a mortgage or a lien, the Court has the power to either discharge the lis pendens or require that a lis pendens bond be posted. Typically, when the lis pendens is not recorded on a duly recorded instrument, the defendant will move to discharge the lis pendens or require the plaintiff to post a lis pendens bond to cover the defendant’s damages if the lis pendens is wrongfully recorded. In a recent case, the Court held that a party is entitled to an evidentiary hearing on this motion and the plaintiff has the burden in in proving a fair nexus between the claim on the property and the lawsuit.
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