Notice of Pendency in Partition Actions
Long Island Partition Attorney - Notice of Pendency
By J. Douglas Barics
A notice of pendency is part of the overall partition action, but its importance is large enough that it special consideration must be given to it.
If you are committed to bringing a partition, the additional step in securing a notice of pendency is well worth it to protect your interests.
The cost is minimal compared to the cost of litigation, and it prevents the defendant from simply selling their interest in the property to shut down the partition.
Do you need representation in a Partition Action on Long Island or New York City?
Contact us online or at (631) 864-2600.
Notice of Pendency and Partition Actions
What you need to know about Notice of Pendency in Partition Actions
What is a Notice of Pendency?
A notice of pendency, also known as a lis pendens, is a public notice of a pending case in which the rights to the property is in dispute. They are authorized by CPLR 6511.
How does a notice of pendency protect the plaintiff?
If someone else buys the property after a notice of pendency is filed, the new owner also buys the outcome of the partition case, and is bound by that outcome.
Aren't innocent third parties given extra protection when they purchase real estate?
A notice of pendency removes this defense to a buyer.
How long does a notice of pendency last?
Three years. It can be extended by the court.
Why is a notice of pendency important in a partition action?
An unscrupulous defendant in a partition might try to sell their share of the property to an innocent third party. With a notice of pendency in place, any buyer will know about the partition case. If they choose to buy the property anyway, they now have to accept the outcome of the partition.
Contact Our Partition Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any partition, no matter how challenging or complex. With over 20 years of experience in partition actions, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled partition lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.
Partitions Overview
Partition actions are a request to have a court order property to be sold or physically divided among the joint owners.
Prosecution of Partitions
Joint tenants and tenants in common have a right to prosecute a partition action. The court has the final say whether or not to grant a partition, but subject to a few exceptions, a partition will almost always be granted.
Defense of Partitions
Defending a partition involves determining if the matter falls into one of the exceptions where the court will deny a sale or division and making sure that all set offs and credits are properly applied.
Partition Accountings
An accounting is necessary to ensure that all parties are given proper credits for jointly owned property before it is divided or the proceeds of a sale are split.
Lis Pendens in Partitions
A lis pendens is normally filed in most actions involving real estate to prevent a defendant from selling their interest to defeat the lawsuit.
Motion Practice in Partitions
Motions are an integral part of any partition action, and can range from a motion to dismiss, defending or seeking a summary judgment, to discovery motions.
Appeals from Partitions
Appeals from partition orders or judgments is a request to the appellate court to change the outcome of a trial or motion due an error committed by the trial court.
PRACTICE AREAS
Divorce and Matrimonial
Appeals
Constructive Trusts
Partitions
Partitions Overview
Prosecuting Partitions
Defending Partitions
Accounting in Partition Actions
Lis Pendens in Partition Actions
Motion Practice in Partition Actions
Appeals from Partitions