We spoke last time about what a lis pendens is. We will address now how to remove one. In Arizona, the removal of an improper lis pendens can be secured through motion or application in that action in connection with which it was filed. The law also allows the owner or beneficial title holder of the real property affected to bring an independent action to claim title to the property and for damages. The denial of a motion to quash a lis pendens is not an order that can be appealed to the Arizona Court of Appeals. Relief may be available, however, through a petition for special action with the Arizona appellate courts when the denial of the motion to quash was an abuse of discretion by the Arizona trial judge.
About Alan Ariav
Officer and director of law firms who, as a senior attorney, supervised legal staff and associate attorneys... Read More From our Blog
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