Legal Question in Real Estate Law in New York

there is a lis pendens on a owner for a mortgage debt of $181,000, the judgement expires 10/29/2012.

Meaning it may be sold at auction or foreclosed. im not reaaly sure, im only going by what I have researched. Can i obtain the property via quit claim deed from the owner and take over the mortgage payments and then refinance the mortgage inmy name once the payments become up to date.


Asked on 2/03/11, 9:14 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

You cannot succeed with that plan unless the bank consents. The lis pendens means that when you buy the property, you also buy the owner's position in the suit.

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Answered on 2/03/11, 5:14 pm


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