Legal Question in Real Estate Law in Arizona

Lis Pendens recorded on Commercial Property

I have owned a medical complex where I practiced medicine for 20 yrs. Upon my recent retirement I decided to sell my commercial property. My less than honorable brother and mother have decided they would attempt a greed motivated ''scam'' to convince the court they should receive a percentage of sale proceeds due to all of the assistance managing and caring they had provided over the years I have owned it... which has actually been ''ZERO''. Their civil court case recently included their filing of a Lis Pendens in attempt to prevent my selling of the property before the court rules on their justice system mockery... I've heard that posting some sort of ''bond'' will enable me to proceed with the property sale and foil their disgusting pathetic abuse of the system. Your thoughts and opinions are truly appreciated...

Asked on 2/28/06, 6:06 am

3 Answers from Attorneys

Jared Simmons Simmons & Gottfried, PLLC

Re: Lis Pendens recorded on Commercial Property

Filing a wrongful Lis Pendens can result in significant penalties pursuant to the statute. It is difficult to provide more guidance without knowing more facts regarding on what basis they claim an interest in the property itself beyond whatever they claim they may be owed for services rendered. If you would like to discuss the case, please contact my office.

Best regards,

Jared Simmons

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Answered on 2/28/06, 8:35 am
Donald Scher Donald T. Scher & Associates, P.C.

Re: Lis Pendens recorded on Commercial Property

You did not really state a question, however, I will try to give you some guidance. Without a written agreement, it seems unlikely that your Mother or brother can succeed with a claim to an interest in your property. Thus, they may be liable for damages if the court determines that they have acted unreasonably, or intentionally abused the court process and brought suit maliciously. A lis pendens can only be filed pursuant to a law suit involving an interest in the property, and you can post a bond to guarantee that the plaintiffs, if successful, will be compensated in damages, but such a bond can be very expensive, depending upon the value of the property. Further, posting the bond does not make the law suit go away, and as such, you would be liable for payment of any judgment, because the bond is just assurance that if you don't pay the judgment, the insurance company will.

You should retain skilled counsel and defend the legal action aggresively. Once you have judgement in your favor, you can pursue your claims against them for their wrongfuly action.

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Answered on 2/28/06, 9:48 am
James Jenkins Jenkins Law Center PLC

Re: Lis Pendens recorded on Commercial Property

If I am not mistaken a previous message was posted by you regarding your disputes with family members. If not, it was someone with a similar problem. Since you are in litigation, you need counsel to answer the lawsuit and represent you in the lawsuit. If you have counsel, you should address these questions to your existing attorney at once. If you do not have an attorney on your case, you need to retain one immediately. I do not advise you to represent yourself in this matter. Perhaps one of the attorneys who have posted responses on this site would be willing to serve as your attorney if you do not have counsel in your lawsuit. If not, you are always welcome to speak with me. No effective answer can be given here in this forum since there is obviously a long course of dealings with you and your family that has given rise to this controversy, there is a pending lawsuit which we do not have any documentation of on this site, and there are probably a lot of factual matters that need to be considered.

Good luck,

James D. Jenkins

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Answered on 2/28/06, 12:33 pm

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