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Great article. In rare circumstances, we have seen in my practice that a debtor in Chapter 7 bankruptcy records a lis pendens. I think that circumstance, there is no litigation privilege because the debtor does not own the litigation–it is part of the bankruptcy estate and solely administered by the Chapter 7 Trustee. Accordingly, a debtor in Chapter 7 may not record a lis pendens unless the Trustee has abandoned the claim. I think slander of title may be viable claim in that circumstance, beyond simply getting attorneys fees for the motion to expunge the lis pendens.
I love the way you worded this, Stephanie. I happen to be one of those on the minority-side of the political “war”, even in my own home and family. Luckily, my hubby and my family members and I keep it civil and agree to disagree on some things and just love each other as Christ loves us. I wish everybody could do that!!
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