Motion to Discharge Lis Pendens in Connecticut

What Is a Motion to Discharge Lis Pendens?

Background

“Generally, a notice of lis pendens is simply a notice that, when properly recorded, warns third parties, such as prospective purchasers, that the title to the property is in litigation; ‘[t]he doctrine underlying lis pendens is that a person who deals with property while it is in litigation does so at his peril....” (Ghent v. Meadowhaven Condominium, Inc. (2003) 77 Conn. App. 276, 284 citing Williams v. Bartlett (1983) 189 Conn. 471, 480.)

Section 52–325 “allows a party to place a notice of lis pendens on the land records when ‘the action is intended to affect real property.’” (Peterson, infra, at 44 quoting Wheeler v. Polasek (1990) 21 Conn.App. 32, 33, 571 A.2d 129 (1990); accord Williams v. Bartlett (1983) 189 Conn. 471, 481 [“[u]tilization of the lis pendens procedure is ... restricted to those actions intended to affect real property.”])

General Information for Complaints and Motions

“When ... a property owner files a motion for discharge alleging an invalid notice of lis pendens, resolution of this motion is governed in its entirety by General Statutes § 52–325d.” (Levinson v. Lawrence (2016) 162 Conn. App. 548, 568 [internal citations omitted].)

Section 52–325d provides relief if the recorded notice of lis pendens:

“... is not intended to affect real property, or
... does not contain the information required by subsection (a) of section 52–325 or section 46b–80... or
... was not [served] in accordance with statutory requirements, or
... for any other reason ... never became effective or has become of no effect....”

“Upon a judicial finding that the notice of lis pendens ‘never became effective or has become of no effect,’ the court is empowered to issue its order ‘declaring that such notice of lis pendens is invalid and discharged.’” (General Statutes § 52–325d.)

“A certified copy of the order of discharge ‘may be recorded in the land records....’” (General Statutes § 52–325d; Levinson v. Lawrence (2016) 162 Conn. App. 548, 568-69 quoting General Statutes § 52–325d; also quoting Dunham v. Dunham (1991) 217 Conn. 24, 35–39.)

Court's Removal of Lis Pendens Under Section 49-13 (c)

In addition, Section 49-13 (c) provides in relevant part that:

“[I]f the court finds the ... lis pendens ... has become of no effect, the court may render a judgment reciting the facts and its findings in relation thereto and declaring the ... lis pendens ... invalid as a lien against the real estate....” (Emphasis added.)

“The statute provides that the court may render a judgment declaring the lis pendens invalid; [the Connecticut] Supreme Court consistently has held that may is discretionary rather than mandatory.” (Ghent, supra, 77 Conn. App. at 283 quoting Section 49-13 (c); see also Waterbury v. Washington (2002) 260 Conn. 506, 531; Seals v. Hickey (1982) 186 Conn. 337, 345-47.)

Moreover, “[the Connecticut] Supreme Court has concluded that if [a] petitioner can bring himself within the confines of the statute, the trial court's authority to grant relief under § 49-13 is discretionary rather than mandatory.” (Ghent, supra, citing Lesser v. Lesser (1948) 134 Conn. 418, 425; Arnold v. Hollister (1944) 131 Conn. 34, 38-39.)

Lis Pendens and Automatic Appellate Stay

“The automatic appellate stay generally provided in noncriminal cases by Practice Book § 61-11 (a) does not apply to orders discharging lis pendens because the stay of execution in lis pendens cases is provided by statute.” (Brookstone Homes, LLC v. Merco Holdings, LLC (2021) 208 Conn. App. 789, 797.)

Indeed, “Practice Book § 61-14 provides in relevant part: ‘In any case in which there is no automatic stay of execution and in which the trial court denies, or refuses to rule on, a motion for stay, an aggrieved party may file a motion requesting a stay of execution of the judgment from the court having appellate jurisdiction pending the filing of and ruling upon a motion for review. ...’”(Id., at 798 [finding that because “the appellants never sought a stay from [the Appeals] court pursuant to Practice Book § 61-14, there was no stay in effect when the clerk delivered the order discharging the lis pendens or when the appellees recorded the order on the land records. Thus, the appellees were well within their rights when they filed on the land records the order discharging the lis pendens.”])

Standard of Review and Burdens of Proof

“Practice Book § 61-14 provides appellants challenging judgments discharging lis pendens with a remedy of receiving a temporary stay from [the Appeals] court pending the filing of and ruling on a motion for review.” (Brookstone Homes, LLC v. Merco Holdings, LLC (2021) 208 Conn. App. 789, 800.)

The Court’s Decision

“A lis pendens is a creature of statute and a person invoking its provisions must comply with the statutory requirements.” (Peterson v. Conn. Attorneys Title Ins. Co. (2013) 142 Conn. App. 34, 43-44 [internal citations omitted]; see also Dunham v. Dunham (1991) 217 Conn. 24, 35 [validity of lis pendens “depends entirely on statutory fiat.”])

“As [the Connecticut] Supreme Court has recently said, in validating this lien in this matter, despite claimed errors on the face of the lien certificate where the mistake was made in good faith and no resulting prejudice was claimed, ‘we do not think a court of equity can be called upon to declare [a] lien utterly void upon the motive of persons who have lost nothing by [the] mistake.’” (First Constitution Bank v. Harbor Village Ltd. Partnership (1995) 37 Conn. App. 698, 705 [holding that “[b]ecause the plaintiff can show no prejudice, even if the notice of lis pendens should be invalid, its application to discharge the defendant's mechanic's lien on this basis was properly denied.”]; [internal citation omitted].)

Documents for Motion to Discharge Lis Pendens in Connecticut

Sort By

MORALES, NATARSHA v. QUEEN ANNE CONDOMINIUM ASSOCIATION INCORPORATED document preview

COMPLAINT

8 pages

: SUPERIOR COURT Natarsha Morales (First Named Plaintiff) : JUDICIAL DISTRICT OF NEW BRITAIN Vv : AT NEW BRITAIN Queen Anne Condominium Association, Incorporated (First Named Defendant) : (DATE) 04/17/2024 Application for Discharge of Notice of Lis Pendens To the Superior Court, Judicial District …

Case Name MORALES, NATARSHA v. QUEEN ANNE CONDOMINIUM ASSOCIATION INCORPORATED