Monday, September 5, 2011

Slander of Title

LEGAL DEFINITION

A slander of title suit can be made in a variety of circumstances including but not limited to the filing of an invalid lien which is untrue against real property or virtually any type of recordable instrument recorded against a property by one without privilege.
The filing of the lien clouds the title to the damage of the property owner. The property owner can sue for damages under a case for slander of title.

Since recording of a document puts the information in the public domain, it is defined as being communicated to third parties. Should the property owner be damaged, they can seek to be reimbursed from the party causing the damage. Typical damages are legal fees to correct the title, lost sales, being prevented from financing, lowering of credit score* or diminished property value. Many states have provisions for punitive, multiplied damages. (See Treble damages; treble meaning "triple".)

It can also be casting aspersion on someone else’s property business or goods. It can be defined as “a false and malicious statement, oral or written, made in disparagement of a person’s title to real or personal property, or of some right of his, causing him special damage.” See: [Old Plantation Corp. v. Maule Industries, Inc., 68 So. 2d 180, 181 (Fla. 1953)]

*A lien affects a homeowners credit rating. A lien lowering ones credit rating can make it harder to get a job or a loan. (A lower credit rating may force a homeowner to pay a higher interest rate, thus causing monthly loan payments to be higher due to a lien which makes the borrower appear to be a credit risk.)

 
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Oklahoma Bill Of Rights Section Article 2 section 6 – Remedies for wrongs
The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation;and right and justice shall be administered without sale, denial, delay, or prejudice.
O.S.Tit. 15 §56 – Menace consists in a threat: 1. Of such duress as is specified in the first and third subdivisions of the last section. 2. Of unlawful and violent injury to the person or property of any such person as is specified in the last section; or, 3.Of injury to the character of any such person

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