Legal Question in Civil Litigation in New York
Multiple Lis Pendens
I am currently involved in a specific performance lawsuit for a house that is also in foreclosure. I filed a Lis Pendens in October. The mortgage company filed their lis pendens in July. The property is set for auction on April 15. Can I intervene in that forclosure sale, pending the results of my litigation against the owner. What happens if the sale takes place. Is my lis pendens automatically cancelled, or is the party who purchaces the property at auction bound by the results of my litigation against the previous owner.
2 Answers from Attorneys
Re: Multiple Lis Pendens
Why not ask your lawyer these questions?
Re: Multiple Lis Pendens
Q. Can I intervene in that forclosure sale, pending the results of my litigation against the owner.
A. You can appear at the sale and bid to purchase the house.
Q. What happens if the sale takes place. Is my lis pendens automatically cancelled, or is the party who purchaces the property at auction bound by the results of my litigation against the previous owner.
A. The mortgage company has a superior claim against the property. First, because it filed a mortgage and second, because it first filed a notice of pendency. Since the mortgage company has a superior claim against the property, if there is a foreclosure sale and the property is transferred to another, your action for specific performance would be rendered moot.
Mike.
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