Lis Pendens

Lis Pendense Latin means “lawsuit pending,” “pending suit”.

A lis pendens is an official notice to the public that a lawsuit involving a claim on a property. has been filed

Anyone who believes they have a claim on a property can file a lis pendens with the Clerk of Court in the county they live in. There must be a pending lawsuit for the lis pendens to be valid.

Lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. It is an official notice to the public that a lawsuit involving a claim on a property has been filed. Lis pendens is connected to the concept that a property buyer must assume any litigation that exists pertaining to the property. If a bank is suing the owner of a lot and a new buyer purchases it, the new owner inherits the responsibility of the lawsuit; the sale of the property does not prevent the plaintiff from seeking redress via litigation. It can represent a contingent liability.

How does lis pendens affect property value?

Lis pendens can affect the property value and complicate the sale. When a property has a lis pendens, additional steps are required before the deed can be transferred.

How long does lis pendens last?

The duration of lis pendens varies by state. In some states, it lasts until the lawsuit is resolved, while in others, it can last for a set period of time.

How can I remove a lis pendens from my property?

a lis pendens can be removed through a process known as “expungement.” When the owner of real property believes a lis pendens has been improperly filed, they can file a motion to expunge the notice of pendency of action. If the motion is successful, the lis pendens will be removed and released.

Clerk of Court locations:

• Queens: 8811 Stupin Blvd #106 , Queens, NY 11435 LINK
• Brooklyn: 360 Adams St, Brooklyn, NY 11201: LINK
• Nassau County:  LINK
• Bronx: 851 Grand Concourse: LINK

Key things to know about  Lis Pendsens:

1. The content of the lis pendens notice matters.
2. Lis pendens notices can be a powerful tool.
3. There are risk involved with the improper use of lis pendens notices.
4. Understand local practice and law as to lis pendens matters.

Common reasons to file a Lis Pendens

1. Foreclosure
2. Mortgage Default
3. Divorce
4. Contract Disputes
5. Overdue HOA Fees
6. Doing quick property taxes
7. Unpaid common charges to a condominium

What is a Lis Pendens?

1. The lis pendens is the first public filing in a foreclosure case.
2. It can be filed by a contractor who has not been paid for his work, with his mechanics lien.
3. It can be filed for doing quick property taxes or unpaid common charges to a condominium.
4. It can be filed in a partition action or an easement dispute.
5. Anyone who believes they have a claim on a property can file a lis pendens with the Clerk of Court in the county they live in.

Length of time before a lis pendens is good for in NY?

1. The length of time can vary from months to years.
2. A lis pendens is only lifted once the lawsuit has been settled.

Third part affect:

1. Provides constructive notice, or a warning, to prospective homebuyers that the ownership of a property is in dispute and litigation is pending.
2. No fixed property may be transferred when a lawsuit relating to it is pending.
3. If a third party buyer records a purchase or some related transaction after a notice of pendency is filed, the previously filed notice binds the third party to the outcome of the underlying litigation, to the same extent as any party to the lawsuit.

How do you get around a lis pendense:

1. The only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge.
2. Property not subject matter of the action
3. By stipulation
4. By reason of duration
   1. Under CPLR § 6513, the duration of a lis pendens is three years from the date of filing.
5. By posting an undertaking.
6. By filing a motion to dismiss

What is a Surety Bond:

1. A type of judicial court bond where a Plaintiff seeks to prevent the sale or loan of property by the Defendant.

Lis pendens, Latin for “pending lawsuit,” refers to a legal concept used in real estate and property law. It is a notice filed in the public records when there is a pending lawsuit or legal action that affects the title or ownership of a specific property. The purpose of filing a lis pendens is to give notice to potential buyers, creditors, and other interested parties that a property’s ownership is in dispute and that any transactions involving that property might be subject to the outcome of the pending lawsuit.

Here’s a more detailed explanation of the key aspects of lis pendens:

1. Notice to Third Parties: When a lis pendens is filed, it serves as a public notice to anyone researching the property’s title that there is a legal dispute affecting the property. This helps ensure that parties who might be interested in the property are aware of the ongoing legal proceedings.
2. Protection of Interests: The primary purpose of lis pendens is to protect the interests of parties involved in the lawsuit. For example, if a person claims ownership of a property and files a lawsuit to establish their ownership rights, they may file a lis pendens to prevent the current owner from selling or transferring the property to someone else until the lawsuit is resolved.
3. Cloud on Title: Lis pendens can create a cloud on the property’s title, which means that the property’s ownership is encumbered by the pending legal action. This cloud on title can affect the property’s marketability and may deter potential buyers or lenders from getting involved until the legal dispute is resolved.
4. Requirements for Filing: To file a lis pendens, there are generally specific requirements that must be met, which can vary based on jurisdiction. These requirements typically include providing the legal description of the property, the names of the parties involved in the lawsuit, details about the pending litigation, and the court where the lawsuit is filed.
5. Challenges and Removal: In some cases, a property owner who believes a lis pendens was filed improperly or without merit may seek to have it removed or “expunged” from the property’s title. This usually involves proving that the lawsuit does not have a valid claim that would impact the property’s ownership.
6. Duration: A lis pendens remains in effect until the underlying lawsuit is resolved, withdrawn, or otherwise terminated. Once the lawsuit is concluded, the lis pendens is typically removed from the property’s title.
7. Impact on Transactions: Transactions involving a property with a lis pendens can be more complex. Buyers and lenders may be cautious about getting involved with a property that has an ongoing legal dispute. Sellers may also find it difficult to sell the property until the dispute is settled.

It’s important to note that lis pendens laws and procedures can vary from one jurisdiction to another, and they may be subject to specific legal requirements. If you encounter a property with a lis pendens or are considering filing one, it’s advisable to seek legal counsel to ensure that you understand the implications and requirements specific to your situation and jurisdiction.