Release Of Lis Pendens Form New York In Alameda
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In a case specified in section 6501, the notice of pendency shall be filed in the office of the clerk of any county where property affected is situated, before or after service of summons and at any time prior to judgment.
A notice of pendency, also known as lis pendens, is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. v. O&Y Equity Corp., 64 N.Y.
If you are selling a property that is subject to a lis pendens, you must disclose this fact to potential buyers. Failure to do so could result in legal liability. Additionally, a lis pendens can make it difficult to sell a property as it may deter potential buyers who do not want to become involved in a legal dispute.
Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a property.
A notice of pendency shall be effective for a period of three years from the date of filing. Before expiration of a period or extended period, the court, upon motion of the plaintiff and upon such notice as it may require, for good cause shown, may grant an extension for a like additional period.
At any time prior to the entry of judgment a notice of pendency of action shall be cancelled by the county clerk without an order, on the filing with him of an affidavit by the attorney for the plaintiff showing that there have been no appearances and that the time to appear has expired for all parties.
At any time prior to entry of judgment, a notice of pendency shall be cancelled by the county clerk without an order, on the filing with him or her of: (a) An affidavit by the claiming authority showing which defendants have been served with process, which defendants are in default in appearing or answering, and which ...
