New York  |  Real Estate Law

Legal Question

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

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?

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