Lis Pendens Release Form With Lien In New York
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Send an Application for a Duplicate Certificate of Title (PDF) (MV-902) and the original proof that indicates that the lien is satisfied to the address above, or bring them to a DMV office. The DMV processes a duplicate title certificate that does not list the lien and mails the certificate to you.
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.
Obtain a Court Order – At times, liens are obtained through fraud, coercion, bad faith, or other illegal means. If you believe your lien is not valid and the creditor will not rectify the situation, you can file a motion in court and ask a judge to remove the lien.
A lis pendens is not a lien on property, but rather a notice that a possible interest is being claimed in certain real 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.
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 ...
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.
