Legal Question in Real Estate Law in New York

I am facing foreclosure and the case has been active since 2008 in Supreme Court. The plaintiff originally filed a Notice of Pendency in Novemeber 2008. Now I received a notice that they filed for an extension, but it is well beyond the 3 year time limit for extending it - or at least that's what I thought.

I believe I can move to have the Notice of Pendency cancelled and prevail becuase they waited too long. My question is, if I get it cancelled can the lender even proceed with the foreclosure without a valid Notice of Pendency? I am representing myself and don't know if the case can even continue?

Asked on 10/09/13, 12:20 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

The Notice of Pendency alerts potential buyers that an action which may affect title to the property is pending. If there is no Notice of Pendency on file, you could conceivably sell the property to an unsuspecting buyer. It does not have any effect on your foreclosure action.

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Answered on 10/09/13, 2:28 pm


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