Withdrawal Release Lis Pendens In New York
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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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The court, upon motion of any person aggrieved and upon such notice as it may require, shall direct any county clerk to cancel a notice of pendency. The court has placed the most commonly used forms on line as a resource.Please be advised that the forms detailed below are intended to be a guide. You can record a Notice of Withdrawal of Lis Pendens. This is done via pleading. Blumberg New York Lis Pendens Forms. Cancel lis pendens and canceling with attorney's affidavit. This article examines principal elements of a notice of pendency, and certain risks of filing in light of its simplicity.
