Palm Harbor Homes, Inc. v. Leader Funding, Inc.

BY JUDGE W. ALLAN SHARRETT

Question Presented

Should a lis pendens recorded by a home builder on one of its properties be quashed when it was brought in conjunction with a lawsuit for damages and injunctive relief against a defendant buyer, who contracted for the purchase of the property, entered into a financing agreement with a codefendant commercial lender, and then deeded the property to the lender in lieu of foreclosure, and where subsequently the lender has refused to pay the outstanding amount due on the property?

Facts

Plaintiff Palm Harbor Homes, Inc., doing business as Energy Efficient…