Legal Question in Real Estate Law in New York
The buyer of my home has filed a lis peden before the closing date!! Will that be thrown out in court?
1 Answer from Attorneys
Not necessarily.
Your question does not provide sufficient details.
If the buyer had a valid reason to file a lis pendens, such as, for example, your unwillingness to close even though the contract has been validly executed and he or she is ready, willing and able to close, then the lis pendens is valid.
If the buyer had no valid reason to file it, such as, for example, any uncured material default under the contract on the part of the buyer and your resulting unwillingness to return their contract deposit, then you are likely to prevail.
Please note that the above two examples are not the only situations that may arise. Any number of issues may result in a lis pendens being filed.