How to File a New York Lis Pendens
- 1). Obtain a standard lis pendens formatted brief from an online legal document service, or have one written up by your attorney.
- 2). Complete the lis pendens form by inserting all the relevant information as it pertains to your legal suit and/or as guided by your attorney. The information should include, but is not limited to, the names of the lender or plaintiff and defendant, the date that the mortgage was issued and the date, time and location of the creation of the lis pendens.
- 3). File your lis pendens with the New York State County Clerk's Office that holds jurisdiction over the location of the property in question. You must file the lis pendens at least 20 days before a decision has been made by the court ordering the sale of the property. For example if your case involves a property in Brooklyn, New York, you will have to file your lis pendens with the Kings County Clerk's Office.
- 4). Wait for the lis pendens and an accompanying summons to be delivered in person or by mail to the defendant. The lis pendens will serve as notice that you have begun legal action against the other party and that the property in question is being considered as collateral toward your claim.
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