Bradford v. Reid

Painter, Judge.

This case requires us to determine whether claims seeking money damages for breach of an oral contract and for unjust enrichment concerning the sale of a home are subject to the doctrine of lis pendens. We are asked also to determine whether an “Affidavit of Interest in Real Estate” (“affidavit of interest”) arising from such claims constitutes an equitable lien on such property. Because the claims for money damages do not directly affect the property, we conclude that lis pendens is not applicable. Further, because the claims upon which the affidavit of interest is based seek…