South Dakota § 15-10-6 Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.

South Dakota Statutes

§ 15-10-6 — Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15-10 LIS PENDENS NOTICE

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 that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:

(1)The action does affect the title to the real property described in the notice; and (2) The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.

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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 that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that: (1) The action does affect the title to the real property described in the notice; and (2) The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.

South Dakota § 15-10-6 (Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.