15-10-1. Notice of action affecting real property filed with register of deeds–Contents of notice–Foreclosure actions governed by specific statutes. In an action affecting the title to real property, the plaintiff, at the time of filing the complaint or at any time afterwards, or the defendant, when he sets up an affirmative cause of action in […]
15-10-10. Expungement of notice of pendency–Costs on grant or denial of motion. An order made pursuant to §15-10-6 or 15-10-7 granting or denying a motion to expunge a notice of pendency of action, may direct that the prevailing party be awarded reasonable attorneys’ fees and costs. Source: SL 1980, ch 162, §6.
15-10-11. Expungement provisions, liability unaffected by. Nothing in §§15-10-6 to 15-10-10, inclusive, affects or limits the liability of a person recording a notice of pendency of action for damages proximately caused thereby. Source: SL 1980, ch 162, §7.
15-10-2. Action pending from time of notice–Time allowed for service of summons. For the purpose of this chapter an action shall be deemed to be pending from the time of filing the notice referred to in §15-10-1; provided that such notice shall be of no avail unless it shall be followed by the first publication […]
15-10-3. Constructive notice from filing of notice–Subsequent purchasers and encumbrancers bound. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby. Every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or […]
15-10-4. Discharge of notice of pendency of action–Contents, acknowledgment and recording. Whenever notice of the pendency of any action has been filed or recorded in the office of the register of deeds in any county, the party plaintiff or defendant filing the same or at whose instance the same was filed, or his attorney or […]
15-10-6. Expungement of notice of pendency upon motion therefor–Showing necessary to defeat motion. Any time after the notice of pendency of an action has been filed for record pursuant to §15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order […]
15-10-7. Expungement of notice of pendency upon motion therefor–Undertaking. Any time after the notice of pendency of an action has been filed for record pursuant to §15-10-1 or other law, the court in which the action is pending may, upon motion of a party to the action supported by affidavit, order that the notice be […]
15-10-8. Expungement of notice of pendency–Notice of motion–Proof considered. A notice of motion to expunge shall be served not less than ten days prior to the hearing. The court shall determine the matter on the affidavits and counter-affidavits on file and upon such other proof as it may permit. Source: SL 1980, ch 162, §4.
15-10-9. Expungement of notice of pendency–Effect. When a certified copy of an order expunging a notice of pendency of an action is filed for record in the office of the register of deeds in which the notice of the pendency was recorded, neither the notice of the pendency of the action nor any information derived […]
