A notice of pendency, or lis pendens, informs the public about lawsuits that impact real property. In New York, a notice of pendency is recorded with the clerk's office in the county where the affected property is located. New York law requires a lis pendens to be served on the defendant property owner within 30 days after it is recorded.
Under New York law, notices of lis pendens must include a description of the property, name the parties to the lawsuit and identify the object the lis pendens is based on. For example, ABC Bank files a house foreclosure action against John Smith. The bank's notice of pendency must state ABC Bank, plaintiff, is foreclosing on property owned by John Smith, defendant. It would also disclose the property's address, legal description and parcel identification number. Notices of lis pendens are signed by the plaintiff, or his attorney, before a notary public and cost a small fee to record.
- Blank Rome, LLP: A Primer of the Elements and Risks of Filing a Notice of Pendency in New York
- Patterson, Belknap, Webb and Tyler, LLP: New York Real Property Law Journal, Notices of Pendency - Protecting Sellers in Contracts for the Sale and Purchase of Real Property
- York County Pennsylvania: Recording Requirements
Maggie Lourdes is a full-time attorney in southeast Michigan. She teaches law at Cleary University in Ann Arbor and online for National University in San Diego. Her writing has been featured in "Realtor Magazine," the N.Y. State Bar's "Health Law Journal," "Oakland County Legal News," "Michigan Probate & Estate Planning Journal," "Eye Spy Magazine" and "Surplus Today" magazine.