Release Of Lis Pendens Form New York In Nassau
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FAQ
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 ...
Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a property.
At 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 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 notice of pendency, also known as lis pendens, is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 Realty Corp. v. O&Y Equity Corp., 64 N.Y.
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.
At 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.
