Legal Question in Real Estate Law in Colorado
Slander of Title
I had a business lease in my business name with my landlord. my landlord sued me personally but I got the suit overturned for improper service. Before i had the suit overturned i learned there was a judgement by this landlord against a property in my name (not corporate name) I was trying to sell. I could not sell the property due to the judgement because the judgement was greater than the equity. I lost the sale. This led to more consequences.
The landlord then sued me again personally and i won the case.
Do i have a case against this landlord for slander of title?
1 Answer from Attorneys
Re: Slander of Title
It depends in large part on whether the original judgment (the one that cost you the sale), was valid.
Slander of title claims generally require proof of the following:
(i) utterance or publication of disparaging words (e.g., by public filing of a document creating a lien or encumbrance on your property);
(ii) that the statements were false;
(iii) that they were malicious;
(iv) that damages resulted; and
(v) that you owned or held an interest in the property disparaged.
So, if the original judgment was not valid, or if your landlord did not have a realistic belief in the validity of his claim (or if there was not actually a judgment rendered, but instead, only the filing of a "lis pendens" on an invalid or unrelated claim), then yes, you may have such a claim for the greater of (a) your actual damages, or (b) $1,000 under statute.
If, however, the original judgment was valid, then the answer is probably not, as "truth" is a valid defense to a slander of title claim.
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