Filing Lis Pendens In Pa In Bronx
Description
Form popularity
FAQ
The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.
After the action is resolved, the attorney for the plaintiff should file a praecipe to remove the lis pendens and resulting cloud on title. Note that if a defendant believes a lis pendens has been filed improperly, it may make a motion with the court to have it stricken.
How Long Does a Lis Pendens Last in Pennsylvania? Under Pennsylvania law, a Lis Pendens typically remains recorded for a period of fifteen years. This duration provides adequate notice to interested parties about ongoing litigation or other legal actions involving the real property.
Pursuant to CPLR 6501, “a notice of pendency may be filed only when 'the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property'” (Delidimitropoulos v Karantinidis, 142 AD3d 1038, 1039, quoting CPLR 6501).
The Lis Pendens A lis pendens is a document that is filed in the public records that alerts the world that someone is asserting claim over the property. A lis pendens is not, by itself, a legal bar to purchasing the property—someone can still legally close on property with a lis pendens filed on it.
To file a lis pendens, the party filing must have or show one of two things: That there is a recorded instrument, usually some mortgage or encumbrance, or perhaps something related to a construction mechanics lien—that potentially provides the filer the right to the property on or in the document.
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.
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.
Notice of Pendency / Lis Pendens Filings A Judicial Notice of pendency may be filed at any time before or after service of a summons unless a complaint has already been filed within the Bronx County Clerk's Office, it must be filed with the notice of pendency.
