Q: Should I answer a notice of pendency
The prospective buyer lawyer put a notice of pendency on my property based on the fact that the survey company was not allowed onto the property but then I complied and allow the survey on my property an extended extensions of closing dates and they still have not closed
A:
Your question is best directed to the attorney handling your closing. If your closing attorney doesn't handle litigation, you should consider retaining real estate litigation counsel to assist.
As for a lis pendens you should be aware of the following legal requirement:
2010 New York Code
CVP - Civil Practice Law & Rules
Article 65 - (6501 - 6516) NOTICE OF PENDENCY
6512 - Service of summons.
§ 6512. Service of summons. A notice of pendency is effective only if,
within thirty days after filing, a summons is served upon the defendant
or first publication of the summons against the defendant is made
pursuant to an order and publication is subsequently completed. If the
defendant dies within thirty days after filing and before the summons is
served upon him or publication is completed, the notice is effective
only if the summons is served upon his executor or administrator within
sixty days after letters are issued.
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