New York Affidavit to Cancel Notice of Pendency Pursuant to CPLR 6514
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A notice of pendency is effective only if, within thirty days after filing, a summons is served upon the defendant or first publication of the... 6513 - Duration of Notice of Pendency. A notice of pendency shall be effective for a period of three years from the date of filing.
A notice of pendency (or lis pendens) is a vital mechanical and substantive aspect of a mortgage foreclosure action. A lender foreclosing on a property should file a lis pendens in the clerk's office in the county where the property is located.
The state or time of being pending, undecided, or undetermined, as of a lawsuit awaiting settlement.
A notice of pendency is filed in the county where the realty is situated (CPLR §6511) and is effective for three (3) years from the date of filing (CPLR §6513).
A notice of pendency of action provides constructive notice to purchasers of real estate or encumbrancers of real property of any pending court actions affecting title to or possession of real property and allows those parties to find notice of pending litigation in the recorder's office in which the real property is
CPLR 6501. A notice of pendency may be filed in any action in a court of the state or of the United States in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property, except in a summary proceeding brought to recover the possession of real property.
At any time prior to the entry of a judgment a notice of pendency of action shall be cancelled by the county clerk without an order on the filing with him or her of an affidavit by the claiming authority showing that there have been no appearances and that the time to appear has expired for all parties.
