Malicious Prosecution – Can It Result From Filing A Lis Pendens? (SC)

Those of us with any significant history of practice in South Carolina have made an allegation or defended against an allegation of slander of title. Such allegations, and actions for slander of title, were significantly limited, however, with the advent of Pond Place Partners.[1] There, the South Carolina Court of Appeals found the filing of a lis pendens is absolutely privileged. Further, the court concluded because the recordation of a lis pendens is specifically authorized by statute and does not exist separate from the underlying litigation of which it gives notice, the filing of a lis pendens cannot form the basis of an action for slander of title   Read the article…………………

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