Legal Question in Real Estate Law in New York

Re: Leins on Real Estate

You may be able to file a notice of pendency against the property after you start a legal action. A notice of pendency puts all potential purchasers on notice that there is a lawsuit pending that may affect title to the property. It is more difficult to sell the house when there is a notice of pendency pending. Whether you can file a notice of pendency depends on the terms of the arrangement established at the time of your mother's death. An attorney would have to know more about that arrangement before he could tell you whether you could file a notice of pendency.

Any action you commence based purely on a loan is not a proper action for a notice of pendency and you would have to obtain a judgment on that action before you could put a lien on the house.

If you are going to pursue this, I suggest you retain an attorney.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

James J. Corbett, Esq.

254 Pettit Avenue

Bellmore, New York 11710

516-679-9494

[email protected]

Re: Leins on Real Estate

A judgment against the owners filed in the county where the property is located serves as a lien against the property.

Unless you performed work on the premises and have not been paid (Mechanic's Lien) you need to sue and win.

There are some provisional remedies, but they are very cumbersome and generally require a bond be filed.