New York Release of Lis Pendens
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How to fill out Release Of Lis Pendens?
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FAQ
A notice of pendency lasts for a period three years, which a court may renew for good cause.
Hear this out loud PauseA lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a ?real property claim? that has probable validity. The motion will be granted it if is ?more likely than not? that the underlying lawsuit or claim will fail.
Hear this out loud PauseAt 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 lis pendens is the first filing made during the foreclosure process. Barron's Dictionary of Real Estate Terms defines Lis Pendens as Latin for "suit pending". Lis Pendens filings are made against properties for various reasons.
In New York State, a lis pendens is a notice that is filed with the county clerk's office to alert potential buyers or encumbrancers of a property that a lawsuit affecting the ownership or use of the property is pending.
Hear this out loud PauseIn New York State, a lis pendens is a notice that is filed with the county clerk's office to alert potential buyers or encumbrancers of a property that a lawsuit affecting the ownership or use of the property is pending.
Hear this out loud PauseA 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.
There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement reached between the parties.
