New York Release of Lis Pendens

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Multi-State
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US-00403BG
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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

In New York, a lis pendens remains in effect as long as the underlying lawsuit is pending, but it cannot last more than three years without renewal. If the lawsuit is resolved or dismissed, the lis pendens automatically terminates. It is essential to monitor the status of your case to ensure timely removal. For assistance and templates related to the New York Release of Lis Pendens, consider using the US Legal Forms platform, which can provide the necessary legal documents and support.

Removing a lis pendens in New York involves filing a motion in the court that issued the original notice. You must demonstrate that the underlying lawsuit has been resolved or that there is no legal basis for the lis pendens. Once the court grants your motion, you will receive an order that you can file with the county clerk to officially remove the lis pendens from public records. The US Legal Forms platform offers resources to help you navigate this process effectively, ensuring a smooth New York Release of Lis Pendens.

To obtain a lien release in New York, you typically need to contact the lien holder directly. You may need to provide documentation proving that the obligation secured by the lien has been satisfied. Once you have the release, you should file it with the appropriate county clerk's office to officially remove the lien from public records. Using the US Legal Forms platform can streamline this process by providing the necessary forms and guidance for a successful New York Release of Lis Pendens.

To remove a lis pendens in New York, you need to file a motion in the court where the original case was filed. If the court grants your motion, it will issue an order that you must then file with the county clerk's office. This action removes the lis pendens from the property records. For detailed steps and necessary forms, visit the US Legal Forms platform, which can help you navigate the New York Release of Lis Pendens removal process.

In New York, a lis pendens is effective for a maximum of three years from the date of filing. However, if the underlying case is still active, you can extend this period. To maintain your rights, monitor your case closely to ensure it remains open. For assistance with understanding the duration and implications, check out the US Legal Forms resources on the New York Release of Lis Pendens.

To file a lis pendens in New York City, you must complete a notice that includes essential details about your case. Next, you should file this notice with the county clerk's office where the property is located. After filing, ensure you serve a copy to all parties involved in the action. For a seamless process, consider using the US Legal Forms platform, which offers templates and guidance for filing a New York Release of Lis Pendens.

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.

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New York Release of Lis Pendens