Get the free NOTICE OF PENDENCY

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF X Index No.: Plaintiff, against AFFIRMATION CANCELING NOTICE OF PENDENCY Defendants. X WHEREAS, no party served herein is an infant or incompetent

How to fill out notice of pendency

How to fill out notice of pendency:

1. Gather the necessary information: Before filling out the notice of pendency, make sure you have all the relevant details at hand. This includes the full names of the parties involved, the case number, and the property address.
2. Identify the purpose: The notice of pendency, also known as a lis pendens, is typically filed to provide notice to potential buyers and other interested parties that a lawsuit has been filed that affects the property. The purpose of the notice is to prevent the transfer of property ownership pending the resolution of the legal dispute.
3. Prepare the form: Obtain the appropriate notice of pendency form from your local courthouse or legal stationery store. Ensure that the form complies with the regulations and requirements of your jurisdiction.
4. Fill in the information: Start by providing your contact information and the date on which you are filling out the notice of pendency form. Then, accurately enter the full names of the parties involved in the lawsuit, including the plaintiff(s) and defendant(s).
5. Include the case details: Enter the case number assigned to your lawsuit, along with the court where it is filed. This information is crucial to properly identify the case and link it to the notice of pendency.
6. Specify the property: Clearly indicate the address of the property affected by the lawsuit. It is essential to provide the accurate and complete address to ensure proper notice is given to potential buyers or anyone with an interest in the property.
7. Sign and date the form: Once you have filled in all the necessary information, carefully review the form for any errors or inaccuracies. After verifying the details, sign and date the notice of pendency form to confirm its authenticity.

Who needs notice of pendency:

1. Parties involved in a lawsuit: The notice of pendency is required to be filed by the party initiating the legal action, known as the plaintiff. It serves as a public record of the pending litigation and alerts interested parties about the potential claims affecting the property in question.
2. Potential buyers and interested parties: Individuals or entities interested in purchasing or having an existing interest in the property should be aware of any litigation that affects it. The notice of pendency provides potential buyers with a warning that a legal dispute is ongoing, enabling them to make informed decisions when considering property transactions.
3. Mortgage lenders and title insurance companies: Lenders and title insurance companies often perform searches to ensure that there are no undisclosed claims or lawsuits affecting a property before issuing a mortgage or providing insurance. The notice of pendency helps these parties uncover any pending litigation and evaluate the risks associated with the property.

It is important to consult with a legal professional to fully understand the specific requirements and procedures for filing a notice of pendency in your jurisdiction as they may vary.

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What is notice of pendency?

A notice of pendency, also known as a lis pendens, is a legal notice filed with the county recorder's office to indicate that a particular property is involved in a pending lawsuit.

Who is required to file notice of pendency?

Any party involved in a lawsuit that affects real property is required to file a notice of pendency.

How to fill out notice of pendency?

The notice of pendency typically includes the names of the parties involved in the lawsuit, a description of the property in question, and details of the legal action.

What is the purpose of notice of pendency?

The purpose of a notice of pendency is to inform potential buyers or lenders that the property is involved in a legal dispute, which may affect their interests.

What information must be reported on notice of pendency?

The notice of pendency must include the names of the parties, a description of the property, the nature of the legal action, and the court where the action is pending.