Ayala Law Secures Dissolution of Lis Pendens in Florida Property Dispute

When a lis pendens is filed against real estate, it can bring a property transaction to a standstill. Buyers become hesitant, lenders back away, and owners may find themselves unable to sell or refinance their property. That is why obtaining the dissolution of a lis pendens can be a critical victory in real estate litigation.

We’re pleased to share a recent success by attorney M. Julia Solivan, who secured an order dissolving a lis pendens affecting a residential property in Cape Coral, Florida.

What Is a Lis Pendens?

A lis pendens, Latin for “pending lawsuit,” is a notice recorded in the public records that alerts the public that a lawsuit may affect ownership or rights related to a property.

While a lis pendens serves an important purpose in certain cases, it can have significant consequences for property owners. Once recorded, it can make selling, transferring, or refinancing a property extremely difficult until the dispute is resolved.

The Dispute

In this case, a plaintiff sought to maintain a lis pendens against the defendant’s property during ongoing litigation. The continued presence of the lis pendens created a cloud on the property’s title, limiting the owner’s ability to freely deal with the property.

Attorney M. Julia Solivan filed a motion seeking dissolution of the lis pendens and advocated for the client’s ability to move forward with the property while ensuring that any legitimate claims remained protected.

The Court’s Ruling

The Court granted the motion in substantial part and ordered that the lis pendens be dissolved.

As part of the ruling, the Court established a practical solution designed to protect both sides’ interests. Rather than keeping the property tied up indefinitely, the Court ordered that $64,089.28 be held in escrow from any sale, transfer, refinance, or other disposition of the property. The escrow funds must remain secured and cannot be distributed without either a further court order or an agreement between the parties.

Importantly, the Court also ordered that the property be released from future liens or encumbrances arising from the claims in the case, allowing the property owner greater freedom to move forward with the property while the litigation continues.

Why This Matters

Many people assume that once a lis pendens is recorded, there is little that can be done until the lawsuit ends, but that is not always true. Florida courts have the authority to dissolve a lis pendens when appropriate, particularly where adequate protections can be put in place to safeguard any potential claims. In some situations, courts may require a bond, escrow arrangement, or other security instead of allowing the property itself to remain encumbered.

This case demonstrates that a carefully crafted legal strategy can help property owners avoid unnecessary restrictions while still respecting the rights of all parties involved in the litigation.

Experienced Real Estate Litigation Representation

Real estate disputes often involve significant financial stakes and can directly impact a person’s ability to use, sell, or finance their property. At our law firm, our attorneys regularly represent clients in real estate litigation, title disputes, contractual conflicts, and other complex property-related matters throughout Florida.

We congratulate attorney M. Julia Solivan on this successful result and remain committed to protecting our clients’ property rights through strategic and effective advocacy.

If you are dealing with a lis pendens, title dispute, or other real estate litigation matter, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com  

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].