Lis Pendens Form Blank Withdrawal In New York

State:
Multi-State
Control #:
US-00403BG
Format:
Word
Instant download

Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

Form popularity

FAQ

In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance.

A stipulation of discontinuance is a legal document that signifies the voluntary agreement of all parties involved in a lawsuit to discontinue the case. This document is essential for formally concluding the lawsuit and ensuring that the court recognizes the case as closed.

When you sign a Stipulation of Settlement, you are making a binding legal agreement that must be followed. Therefore, you must be very careful to read the agreement, understand it, and be certain that you will be able to do everything you have promised.

Unless otherwise stated in the notice, stipulation or order of discontinuance, the discontinuance is without prejudice, except that a discontinuance by means of notice operates as an adjudication on the merits if the party has once before discontinued by any method an action based on or including the same cause of ...

In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance.

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 ...

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.

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.

An Answer must be in writing and the entire caption, including the index number and an original signature is required. The Answer can be mailed to the County Clerk's office. If it is an E-Filed case, the Answer needs to be uploaded to the New York State Court Electronic Filing website.

Trusted and secure by over 3 million people of the world’s leading companies

Lis Pendens Form Blank Withdrawal In New York