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Expert Analysis

A Properly Recorded Lis Pendens Can Prevent A SLAPP Suit

Law360, New York (December 10, 2012, 11:45 AM EST) -- Many acts in connection with protecting one's property rights are privileged, including the recordation of a lis pendens — a document giving constructive notice that an action has been filed affecting title or right to the possession of real property — even against a property acquired by a bona fide purchaser at a foreclosure sale where the underlying deed of trust was a forgery, and void as a matter of law. Thus, a lawsuit filed in retaliation for the recording of the lis pendens in such a situation is subject to an anti-SLAPP motion pursuant to California Code of Civil Procedure Section 425.16....

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