15-10-6. Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.
104 words·~1 min read·
/sd/title-15/chapter-15-10/15-10-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.