Release Of Lis Pendens Meaning In New York

State:
Multi-State
Control #:
US-00403BG
Format:
Word
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Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

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 ...

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.

Lis pendens: Latin for “a pending suit.” 1. Jurisdiction of a court over property until the final decision of a case. 2. A notice filed against public records warning the public that title to the property is in litigation (in court and not final).

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.

Lis pendens: Latin for “a pending suit.” 1. Jurisdiction of a court over property until the final decision of a case. 2. A notice filed against public records warning the public that title to the property is in litigation (in court and not final). CourtHelp Glossary.

A notice of pendency shall state the names of the parties to the action, including the name and telephone number of the mortgage servicer for a foreclosing party involving a mortgage foreclosure of a one- to four-family residential property, the object of the action and a description of the property affected.

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.

More info

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. Lis pendens is a longstanding, frequently misunderstood doctrine concerning unorthodox interests in real estate.In summary, a lis pendens is a legal document filed in New York to give notice of a pending lawsuit involving a particular property. A lis pendens is a notice that a lawsuit has been filed regarding either a dispute in ownership of real estate or some other claim of interest in the property. A notice of a lis pendens (Latin for "suit pending") is an instrument filed in the real property records of a county that indicates a civil lawsuit is pending. 'Lis Pendens' is a Latin term that translates to "pending litigation. A notice of pendency is a provisional remedy available to litigants seeking a judgment that affects title to real property.

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Release Of Lis Pendens Meaning In New York