can a lender start a foreclosure proceeding in nyc without first filing a lis pendens? if they file it with the county clerk do they have to serve it?

Asked by Edward, City Island, Bronx, NY Thu Dec 17, 2009

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Robbie Vaughn’s answer
Robbie Vaughn, Agent, Mineola, NY
Sat Dec 19, 2009
Hello Edward.

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
631-277-4907

Disclaimer:
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.
Web Reference:  http://Rlvaughnlaw.com
0 votes
Anna M Brocco, Agent, Williston Park, NY
Fri Dec 18, 2009
You definately should refer your question to any attorney specializing in Real Estate--Without all the facts any answer would be speculation.
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