I won't even attempt to give you an answer without knowing all the facts, but here is a pertinent part of the NY foreclosure statute:
"The plaintiff, at least twenty days
before a final judgment directing a sale is rendered, shall file in the
clerk's office of each county where the mortgaged property is situated a
notice of the pendency of the action, which shall specify, in addition
to other particulars required by law, the date of the mortgage, the
parties thereto and the time and place of recording."
Can they? You might want to consult a real estate/foreclosure attorney if you are still not sure after reading the above.
This is the best I can do on this Q & A forum. Wish I could help more, but my professional liability insurance is high enough already ;0).
Hope this helps.
All the best,
Robbie L. Vaughn, Esq. (Robbie Vaughn)
Long Island Real Estate Attorney
70 West Main st.
East Islip, NY 11730
No Attorney-Client, or Broker-Client relationship is formed until we have a signed agreement. This is not legal advice. Please verify any and all information provided to you.