Case Law Alerts
Damages for slander of title can include the costs to remove the cloud on title.
In a slander of title action stemming from an alleged wrongful lis pendens, damages can include the inability to obtain a conventional loan on a property, thus incurring increased loan costs and a higher interest rate; the loss of a contract to sell a property; the inability to lease a property; and damage to creditworthiness. Damages also can include the costs to remove the cloud on title. The damages must be the result of the falsehood’s effect on the conduct of third persons and the expenses incurred to counteract the publication.
Case Law Alerts, 4th Quarter, October 2014