527.260. Notice of lis pendens in equity action — recording. — In any civil action, based on any equitable right, claim or lien, affecting or designed to affect real estate, the plaintiff shall file for record, with the recorder of deeds of the county in which any such real estate is situated, a written notice of the pendency of the suit, stating the names of the parties, the style of the action and the term of the court to which such suit is brought, and a description of the real estate liable to be affected thereby; and the pendency of such suit shall be constructive notice to purchasers or encumbrancers, only from the time of filing such notice. The recorder shall note the time of receiving such notice, and shall record and index the same in like manner as deeds of real estate are required to be recorded and indexed.
Notes of Decisions
First Nat'l Bank of St. Louis v. Ricon, Inc., 311 S.W.3d 857 (Mo. Ct. App. 2010).
· cites it 7× “Section 527.260 RSMo 2000 provides for the filing of lis pendens “[i]n any civil action, based on any equitable right, claim or lien, affecting or designed to affect real estatef.”
State ex rel. Lemley v. Reno, 436 S.W.3d 232 (Mo. Ct. App. 2013).
· cites it 12× “Section 527.260 1 provides, in relevant part: In any civil action, based on any equitable right, claim or lien, affecting or designed to affect real estate, the plaintiff shall file for record, with the recorder of deeds of the county in which any such real estate is situated, a…”
Jeffrey v. Cathers, 104 S.W.3d 424 (Mo. Ct. App. 2003).
· cites it 3× “The only case where an absolute privilege has been found against a slander of title action involves a notice of hs pendens under Section 527.260, RSMo 2000, in a civil suit making equitable claims involving real estate, the recordation of which is absolutely privileged when the…”
Birdsong v. Bydalek, 953 S.W.2d 103 (Mo. Ct. App. 1997).
· cites it 3× “Recording a notice of lis pendens is authorized by § 527.260 in a civil suit making equitable claims involving real estate.”
Arbors at Sugar Creek Homeowners Ass'n v. Jefferson Bank & Trust Co., 464 S.W.3d 177 (Mo. 2015).
· cites it 2× “As such, the plaintiffs were required to file a lis pendens pursuant to § 527.260, RSMo 2000 (“In any civil action, based on any equitable right, claim or lien, affecting or designed to affect real estate, the plaintiff shall file for record .”
Pipefitters Health & Welfare Trust v. Waldo R., Inc., 760 S.W.2d 196 (Mo. Ct. App. 1988).
· cites it 3× “In filing her suit for fraudulent conveyances, plaintiff was authorized and mandated under Section 527.260, RSMo 1969, to file a lis pendens against real estate which was liable to be affected by her equitable suit.”
Kopp v. Franks, 792 S.W.2d 413 (Mo. Ct. App. 1990).
· cites it 2× “Notice of lis pendens is authorized, and, in fact, mandated by § 527.260. The filing of lis pen-dens provides a record notice to potential purchasers of a pending suit which may affect title to property, and its purpose is to preserve rights pending the outcome of litigation.”
Barnard v. Barnard, 568 S.W.2d 567 (Mo. Ct. App. 1978).
· cites it 2× “In filing her suit for fraudulent conveyances, plaintiff was authorized and mandated under § 527.260, RSMo 1969, to file a lis pendens against real estate which was liable to be affected by her equitable suit.”
Sharpton v. Lofton, 721 S.W.2d 770 (Mo. Ct. App. 1986).
· cites it 2× “Defendants do not claim that plaintiffs did not file the notices of lis pendens correctly as required under § 527.260 RSMo 1978. Rather, defendants assert that the filing of such notice constitutes slander of title.”
Costley v. Costley, 717 S.W.2d 540 (Mo. Ct. App. 1986).
· cites it 2× “This court holds that in a dissolution proceeding, the trial court may secure the performance of an act or the future payment of money, lawfully ordered in the disposition of marital property, by the imposition of a lien upon marital property distributed to a spouse.”
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