"An Act relating to the wrongful recording of a notice of pendency of an action relating to title to or right to possession of real property. "

This bill would correct the omission of wrongful notices of lis pendens from the scope of AS 11.46.560, which was enacted in 1998 in response to the filing of "common law liens" against state and municipal employees. Like those who improperly file liens, those who file a notice of lis pendens for an improper purpose would be guilty of a class A misdemeanor.

A lis pendens is only proper when there is an existing lawsuit that involves real property. The bill would have no effect on the use of a notice of lis pendens for that purpose, as set out in AS 09.45.940. It would address abusive filings purporting to notify potential purchasers and lenders that title to the real property of the targeted person is subject to litigation.

Improper lis pendens have been used as a harassment tool in Alaska, just as wrongful liens were used prior to the Legislature's corrective measure in 1998. This bill closes a loophole in the 1998 law.

Bill Version: 24-LS0655-A

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