Mira Overseas Consulting v. Muse Family Enter.
Annotate this CaseMira filed suit against defendants, seeking a declaration that its judgment lien was superior and senior to any lien that might be obtained by the Muse Parties with respect to the property at issue. The Muse Parties filed a cross-complaint, seeking a declaration that their anticipated judgment lien related back to the recording of their lis pendens and was therefore superior. The court found that the Muse Parties’ judgment did not relate back to the lis pendens and that the Mira judgment was not void due to extrinsic fraud. The court concluded that because the Muse Parties indisputably had the right to record a lis pendens with respect to their fraudulent transfer claim, their rights and interest in the property (i.e., the avoidance of transfers of the property to satisfy their claims) relate back to the date they recorded their lis pendens. Because this date was earlier than the date plaintiff recorded its abstract of judgment, the Muse Parties’ judgment lien has priority. Accordingly, the court reversed the judgment.
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