Slander of title is a very difficult claim to prevail on at trial. It requires proving that the filing party knowingly overstated a lien amount and that there were adverse consequences to the property owner. Minor errors are permitted in the lien statement to defeat the slander of title claim, a major benefit to the filing party.
For a very good businessman out of Woodbury who I represent, we, and I say we because it is a collaboration of me working with and for my client, proved to a Ramsey County judge that title to my client's property was slandered by an electrical contractor.
The opposing party filed a mechanic's lien that was overstated by 13-18%, depending on which amount you believe was otherwise owed. But, despite having ample information available to it, the filing party omitted my client's initial down payment for work. In the course of trial our primary theme in advancing the slander of title claim was that the filing party knew it was paid, had direct access to the account details showing payment, sent invoices affirming payment, and we advised them in the course of litigation that the lien does not reflect the payment and should at least be amended.
Through over three days of trial we proved these points directly and indirectly. As a matter of law my client is awarded his attorney's fees, an extreme rarity in litigation.
Good team work with the client and aggressive litigation lead to great results. This was a great result for a deserving client.
