Edward Zaragoza v. Wexford of Indiana, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “there is evidence in the record which establishes that a lis pendens impairs the marketability of the property by depriving the owner of the ability to convey clear title while the litigation is pending” (emphasis added)
• Rejecting a similar argument made in an attack on New Jersey’s lis pen-dens statute, the court observed that an expeditious post-filing hearing to determine the validity of the claim was unrealistic due to complex factual and legal issues involved in making that decision.
• Fed.R.Civ.P. 11 and a claim of abuse of process protects against improper use of New Jersey’s lis pendens statute.
• New Jersey’s lis pendens procedure is not constitu tionally infirm on due process grounds
• “We also note that remedies of malicious prosecution and abuse of process are likely to be available in New Jersey to provide some protection against improper utilization of lis pendens.”
• “We also note that remedies of malicious prosecution and abuse of process are likely to be available in New Jersey to provide some protection against improper utilization of lis pendens.”

Source: CourtListener parenthetical corpus (CC0).