Bronx, NY asked in Real Estate Law and Intellectual Property for New York

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

1 Lawyer Answer
Elaine Shay
Elaine Shay
  • New York, NY
  • Licensed in New York

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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