Filing Lis Pendens In New York In New York
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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).
Under CPLR § 6515, a lis pendens may be removed by posting an undertaking in an amount to be fixed by the court, and if: (a) the court finds that adequate relief can be secured to plaintiff by giving of such an undertaking; or (b) in such action, the plaintiff fails to give an undertaking, in an amount to be fixed by ...
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.
A notice of pendency shall state the names of the parties to the action, including the name and telephone number of the mortgage servicer for a foreclosing party involving a mortgage foreclosure of a one- to four-family residential property, the object of the action and a description of the property affected.
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.
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.
To file a notice of lien, you must complete the Public Improvement Lien Form. You must also sign and notarize both the Lien Form and the Affidavit of Service. You can submit everything to DOF by mail or in person.
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.
While the CPLR does not state a specific deadline for service of notice of entry, the court may order one. See Court Opinions. In any event, it should be done promptly, to prevent unnecessary delays in the litigation.
To file a notice of lien, you must complete the Public Improvement Lien Form. You must also sign and notarize both the Lien Form and the Affidavit of Service. You can submit everything to DOF by mail or in person.
