Billion Law Clarifies Lis Pendens Role in Delaware Property Dispute
Billion Law recently achieved a notable outcome representing Twin Willows, LLC in a highly litigated dispute involving the sale of approximately 81.9 acres of land in Smyrna, Delaware. This complex case clarified the role of *Lis Pendens* in Delaware property law and highlighted Billion Law’s expertise in navigating intricate real estate and litigation issues.
At the core of the dispute, Twin Willows had filed a lis pendens—a legal notice of a pending lawsuit affecting the title to real estate—during the course of litigation. Following a master's final report denying Twin Willows’ request for specific performance of a sales agreement, the trustee for the property sought damages, attorneys' fees, and costs under Delaware’s lis pendens statute, arguing that Twin Willows’ filing caused unnecessary delays in the sale process.
Billion Law effectively countered these claims, demonstrating that the court had previously determined there was no bad faith in Twin Willows' actions and that the lis pendens was not filed for improper purposes. As a result, the court denied the trustee’s motion for damages and attorneys’ fees under the lis pendens statute. The court further clarified that without evidence of harassment or unnecessary delays, awarding such fees was unwarranted.
In addition, Billion Law ensured that only limited court costs under Rule 54(d) were imposed on Twin Willows, protecting its client from excessive financial burdens. This case serves as a key example of Billion Law’s ability to provide effective legal solutions in high-stakes property disputes and its deep understanding of Delaware’s real estate and litigation landscape.