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New York Affidavit to Cancel Notice of Pendency Pursuant to CPLR 6514€

Category:
State:
New York
Control #:
NY-S006ST
Format:
Word; 
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Description

This form is affidavit to cancel a Notice of Pendency Action Against Real Property because of no appearances in the action and time to appear has expired for all parties.

New York Affidavit to Cancel Notice of Pendency Pursuant to CPR €6514 is a legal document that is used to cancel a Notice of Pendency (also known as a Li's Pendent) filed in New York State courts. This document is used to terminate the legal effect of a Notice of Pendency, which is a court document that is filed to alert potential buyers of real estate that a dispute is pending involving the property in question. The document must be filed with the court that issued the Notice of Pendency, and must be signed by either the plaintiff or defendant in the case. It must also include a statement that the parties have reached a settlement or have otherwise resolved the dispute. There are two types of this affidavit: an Uncontested Affidavit to Cancel Notice of Pendency, which can be used when the parties agree that the Notice of Pendency should be cancelled, and a Contested Affidavit to Cancel Notice of Pendency, which must be submitted when the parties disagree about the cancellation.

Key Concepts & Definitions

Affidavit to Cancel Notice of Pendency Pursuant to: An affidavit used to formally request the cancellation of a notice of pendency which has been filed against a property. A notice of pendency, also known as a 'lis pendens', is a legal notice filed with the court that a pending action involves the real property.

Step-by-Step Guide

  1. Determine the Need for Cancellation: Verify that a legal basis exists to file an affidavit to cancel the notice of pendency. Common reasons include settlement of dispute or judgment in favor of the property owner.
  2. Prepare the Affidavit: Draft the affidavit including all necessary legal descriptions of the property and details of the case or dispute resolution.
  3. Notarization: Have the affidavit notarized to confirm the identity of the signer and the authenticity of the signature.
  4. File with the Court: Submit the completed and notarized affidavit to the court where the original notice of pendency was filed.
  5. Notify Interested Parties: Send copies of the filed affidavit to all parties involved in the original litigation or claim.
  6. Confirm Cancellation: Check with the court to ensure the notice of pendency has been officially cancelled in the public record.

Risk Analysis

  • Legal Risks: Incorrect or fraudulent filing can lead to legal penalties or invalidation of the request.
  • Financial Risks: Failing to properly cancel a notice of pendency can affect property sales or refinancing due to title defects.
  • Timing Risks: Delays in filing or processing the affidavit can prolong legal uncertainties over the property.

Key Takeaways

Thoroughness Needed: Ensure all legal and procedural requirements are met when filing an affidavit to avoid complications. Professional Guidance: Consider consulting with a legal professional to navigate the specifics of property law relevant to the notice of pendency.

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FAQ

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.

More info

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that pursuant to CPLR § 6514(d)(2), the Notice of Pendency, which was filed under Index No.

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New York Affidavit to Cancel Notice of Pendency Pursuant to CPLR 6514€