A Notice of Pendency may be filed in an action in which the judgment demanded would affect the title to real property. True or False?

• A. True
• B. False
• C. Not applicable
• D. Only in mortgage foreclosures

Answer: (A)

A Notice of Pendency (lis pendens) is used to give notice that an action pending could affect the title to real property. In New York, you file it only in actions that involve title to real property or the right to possess an interest in it, and the relief sought in the case could change who holds title or how the property is encumbered. Its purpose is to protect the plaintiff’s potential interest and prevent transfers that would defeat the eventual outcome. It isn’t limited to mortgage foreclosures; it applies to any action where title or the right to title is at stake. Since the judgment demanded would affect the title, filing a Notice of Pendency is permissible. Therefore, true.