Century 21 Daystar Inc. v. Phillips

DAVISON, J.,

Presently before the court is defendant’s motion to strike a lis pen-dens. For the reasons hereinafter specified, we are obliged to conclude that the lis pendens should be stricken.

The facts are relatively simple. Plaintiff was the real estate broker in an earlier agreement to sell the subject premises and, when the transaction was not completed, filed this suit for its commission and caused a lis pendens to be entered against the subject premises.

Defendant’s counsel correctly argues that recent case law dictates that a lis pendens may only be indexed when title to the real estate…