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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114776
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thanks to confusing answer of just answer i lost my chance

Customer Question

thanks to confusing answer of just answer i lost my chance to do it after all that
i prepared my papers and went to go last minute i checked it was already recorded. i know everything i knew thursday is going to be bad i knew i had time until wedenday i knew it. i lost time on the weekend to work on it lost time to go on tuesdy or wededay to file it. i went to sleep 6 am and woke up 9 to work on it and was done by `1 30 on the way out i checked. it was a deed filed and a lien by my board managers , the new owners were not even listed. ti thought it may be because they are waiting for board's approaval that is why board has a lien. i just realized it is bought by the board. the first party is llc the second one is the board. i wish i had sued the board as well. any way i went downtown crying and filed lispendanse,
a they needed schedule A which is description to the property i ran next door to record room and picked it up from one of the law suit files!
they needed a notice of pendancy with reasons whay to do law suit in specific manner. they gave me a sample but the sampe was for foreclsure. i changed the words around wrote some garbled big words
they said they cant file it. they said they need to review compare to other les pendanse i was there so upset. suprevisor reviewed my work and said to cashier to stay open to take my money and they filed it. i see in the city records thier went through 1 30 pm that means if i had gone downtown as i had planed 9 am mine would have been ahead of theirs. but to be honest with you you spent way too much talking about things to me when i kept saying the point is to get down there and do it before they record it. the entire summons and complains pages in pro se office is no more than 4 pages. that means i only had to brush over the case but you kept telling me i have to do it properly i handed 50 pages!! all i had to do was to run downtown hand write things in standard form and then do the lis pendanse the lis pendanse did not require to see summons they need their own notice of pendansy and i had to make my case that way. any way i was crying all day and extremely upset. you guys (no you) said it is too late. a lawyer recommended by another organization said it is too late. i just read his email he said i asked a title search company they said it is too late!!! how could a lawyer decide on court of action based on recommendations of a title search company. also lis pendanse did not have to be exactly same formattng i coudl have made my own as long as i am coverring same data
i dont know now if i owe anyone in your company. a mistake messed up my entire records. i had spoken to two lawyers about two different things both had given me wrong advise. i haev to check if they got paid. i just want you to know it is not against you personally if i had put it through and succeded i would haev paid you for your services. it is about the fact that organization ruined my entire chances of having a slight hope to keep my home. that is not a small mistake real unforgivabnlei had problem with a lawyer who insisted i should not sell my deed and that ws a wrong advise i ended up losing my home in auction. next time i have to be careful . i may have to try other sites. i have used this site many times. it has been most of the time no so helpful but i was impressed with you. thanks
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry that happened to you, as I told you yesterday. If you got the lis pendens filed, that is the important thing right now. Next important thing is to get your suit to vacate the foreclosure and summons served and filed.
"The lis pendens did not have to be the exact same formatting, I could have made my own," people make their own documents all the time, it does not make it right and it certainly makes it more confusing and harder for the court to follow. It also makes it so many times judges will dismiss these things because they cannot follow them and they are confused by what the pro se litigant is trying to say or do. This is the primary reason many pro se cases are lost, not because they do not have a good case, but because they do not put their pleadings in proper format and what they write in those pleadings is rambling and confusing.
I certainly never told you that your complaint had to be 50 pages, I do not know who told you that it needed to have all of that in there, but we just spoke about process and you were told that you needed to get the lis pendens filed and then file the suit to vacate the foreclosure and summons.
Furthermore, whether they filed that deed or not, if you prove the foreclosure was invalid you can still win your suit. It may be too late to reverse the foreclosure, but not too late to seek monetary damages against the party who foreclosed for the wrongful foreclosure.
Customer: replied 9 months ago.
i didnt need to stay up all night long to file a law suit.
Customer: replied 9 months ago.
the ENTIRE thing was about me filing lis pendense. i could have filled out one page of summons and then do the lis pendesen. you repeatedly wrote i have to hire a lawyer to do the law suit and i repeatedly told you it is the timing that matters. your insisting i have to do the summons with the help of a lawyer made me work to make sure i cover everything. i didnt have to cover anything. all i had to do was to put down the basics. even if my law suit was going to be thrown out i would have bought time to stay here with lis pendent. it is not all about law suit it is also about buying time this is how i have survived. question: when you file a lis pendant where does order of court filing goes? does it go to Acris city? and ordering them they cant file any recordings? who stops the transfer of the deed? if they had not recorded it what proces takes place? i file lis pendanse they file it in the court then what?
what si the chance this may still go through confuse the situation because i filed same day? it doesnt matter right becasue theirs is already recorded on line. also remember I was ready to go and file lis pendense until the guy from just answer told me it is too late. it was after that i had another emailing with him i told him off because he was not making any sense that you came on to picture. i sent angry email to another lawyer who had asked for 10k to do the law suit for me. 10K and doesnt know what is lis pendanse and didnt know the process and ny laws. i just read his email to me i wish i had read it clearly he said he had asked a title search company who told him it is effective when the deed is transfered. Title search company???? he makes his legal decisions based on talking to a title search company!! misleads me . i emailed him said i will hire him if he thinks not too late for lis pendanse he calls title search company to get his answer!!! what is wrong with lawwyers? I would never give any answer that is not hundred percent correct to people and play with their lives why cant these lawywers say hay i dont know the answer. any way if you can tell me what is the process of lis pendense. you file then what? where does it go? who is the person who stops eveything? i think my building is boughht the apartment in foreclsoure . the deed shows trustee to my address plus llc such as 300 w 80 llc. then it shows from 300 w 80 llc to condomiminuim board of my building. so they must have bought it. they are going to make good money. but they still have a lot of lien agaisnt me. does that mean they make their money from my apartment and then come back and still put a lien on my other assets because i owe them over this one?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply
That delay did not cost you the case. The time involved in you filing the lis pendens did not cause you any loss, because, again, the filing of the deed was not something that your case had anything to do with. Whether the deed was filed or not had nothing to do with whether or not you have a case for wrongful foreclosure. Furthermore, that short extra time did not make your case worse or cause you to lose the case. Your case is going to be based on the actual issues surrounding your foreclosure itself and whether or not it was properly done to begin with and it has nothing to do with the things you are saying above.
Customer: replied 9 months ago.
why arent we communicating again?there is two things here. stay of a decision ( i accomplish with lispendese) and the law suit itself
stay of decision and prevention from eviction was coming from lis pendense. lis pendesne woudl have stoped them from kicking me out. law suit itself is a lenghtly thing may take years. i may or may not win . it is my home and staying at home that i lost the chances. please answer my questions : what is the lis pendense process? i file in the court then what
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
It seems that there perhaps may be some type of language/communication issue at times and sometimes it seems you understand.
Do you know really what a lis pendens is or what it does? It does not sound like it. A lis pendens is a "NOTICE TO THE WORLD" essentially, that someone has a legal claim against the property. The lis pendens is filed and it is subsequently recorded by the court in the deed records of the property. All it does is gives notice to everyone who may be considering buying the property that there is a potential legal claim against it by someone else.
The Lis Pendens does not stop the foreclosure and it does not even stop your eviction.
To stop, or in this case vacate, your foreclosure, you have to file a complaint/summons (after serving the defendants) to vacate the foreclosure. To stop the eviction, that requires a motion for stay of eviction filed at the same time the suit is filed asking the court to stay the eviction until your suit on wrongful foreclosure is heard.
Customer: replied 9 months ago.
the world means the recording office. they would not record if he lien is not cleared. they have to show clear lien. that means they have to work hard in court to clear lien. that is the period i could have sat here and they had to worry is to clear the lien
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
It does not mean that you cannot put the lis pendens on the new deed. The lis pendens is against the property. You also would have to clear the foreclosure no matter what.
Customer: replied 9 months ago.
you keep saying i had to go do lis pendense then summons. that doesnt work either you need to buy an index first with a summons and then use the index for lis pendesen
Customer: replied 9 months ago.
accidentally i pushed on call me please dont
Customer: replied 9 months ago.
i dont understand this:
"it does not mean that you cannot put the lis pendens on the new deed. The lis pendens is against the property. You also would have to clear the foreclosure no matter what."new deed is recorded. done and gone with. therefore there is nothing i can do about it until the new buyer comes along. when the current buyers want to sell they have to worry about me. yes that is good they wont be able to sell as long as my lis pendense is not cleared am i right?
Expert:  Law Educator, Esq. replied 9 months ago.
If you put the lis pendens on the new deed, then the new deed is a clouded deed that has to be cleared before the current owner can sell.
Customer: replied 9 months ago.
pleases focus on answering my questions with yes and no and short sentense
would city recording would have recorded their deed if there was a lis pendense against the property?
can the new buyer be able to sell the apartment with a lis pendense and law suit agaisnt it?
can someone evict you even if they are not legal recorder of the property?
what kind of judge would evict someone if the owners dont show recording on the city recording?
when there is lis pendense who finds out in what manner?
Customer: replied 9 months ago.
i should have done lis pendense right after the issue of the summary judgement. i sent emails to this lawyer over and over said i want to sue the bank. i didnt know about lis pendense if i knew i should have done it before they even transfer the deed not even before the recording. but i must say it is a case lawyers didnt want to take. it is risky to put some made up lis pendense i now know why they didnt want to take it
ok i am happy i have clouded their deed, they bought it to so they can fix and sell it and now they have to clear it
Customer: replied 9 months ago.
i had been trying to sue the bank for the longest time. when i mentioned to bankruptcy judge the things they did she said in a whisper manner why dont you sue them. i knew then my only remedy was to sue the bank but i couldnt get people to take the case. i should have just done it and if i had done it i would have learned about lis pendense bank would not have been able to sell it and would have been forced to may be short sell it
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
1) Yes, your lis pendens is only a cloud on the title, not a bar to filing a new deed and it does not prevent a sale, it is just a notice to others there is some potential legal claim involving the property.
2) Yes, they can sell with ONLY a lis pendens. No they cannot sell if you have a lawsuit filed and get a court to stay any sales on the property.
3)) Yes, if they own the home via foreclosure, it does not matter if the deed is not yet recorded, they can evict you.
4) RECORDING DOES NOT MATTER, as I have said that multiple times. If they have proof of ownership from the foreclosure, which is a court order making them owner, they do not need to record it before they evict and in housing court on the eviction they just show they are the new owner in foreclosure. IT DOES NOT MATTER THEY DID NOT YET RECORD THE DEED, period end of that story.
5) Anyone who does a search of the property records on that property would see there is a lis pendens filed.
Lis pendens means "legal action pending" but just filing a lis pendens does nothing, you have to file the legal action (complaint/summons).
Customer: replied 9 months ago.
ok
so why did i rush to do lis pendesne before they are able to record? you said it is a race state. if i record they canta. ok if i made a law suit and filed lis pendense it would have clouded the home. in foreclsure they would have bought it !!!! no people dont liek to buy problem properties. am i right? people will buy properties with tax lien because it goes away but a law suit lien they dont know what is the out come. am i right? if that is the case then the bank would have had to make some kind of agreement or they would not have gone on foreclosure auction until my case is cleared. am i right?now what i dont understand is this: if they cleared the liens and deed is all clear and they go to the city to record it. if i file lis pendense before they record it what was the benefit for me? if no benefit why was i rushing to do it before recording>?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
I do not know why they told you to rush or why you were rushing.
You misunderstand what "race recording" means. It did not mean if you filed a lis pendens first they could not file. Race recording refers to multiple deeds for the same property.
Please follow along:
I sell you my property and give you a deed. You do not record it yet.
I then sell someone else that same property and give them a deed. They go record it today, you show up tomorrow to record your deed, the other person wins in NY because they filed their deed from me before you did.
The lis pendens does NO GOOD (I tried to tell you that the other day but you were quite upset, argumentative and insistent to the contrary) without filing a subsequent lawsuit. A lis pendens only lets anyone who may be interested in buying the property from the new owner that there is some legal issue involving the property. The new buyer can still decide to buy it even with the lis pendens, it does not stop them.
Customer: replied 9 months ago.
I then sell someone else that same property and give them a deed. They go record it today, you show up tomorrow to record your deed, the other person wins in NY because they filed their deed from me before you did.QUESTION: if i filed lis pendense before they record would they have been able to record? yes or no?
if i file lis pendsene before they record was any advanatges to me? if not then why i had to rush do it? why it is called race state?
what would be the benefit of it if i file before recording vs after recording
you still have not ansewred a question. if you do may be i will understand the entire picture. i asked three times.
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply.

1) Yes.

I already explained the race notice above, no need for me to rewrite that you can go and reread it above as to why it is called a race notice state.

I do not know WHY or WHO told you to rush to file the lis pendens, I cannot speak for them and what they told you that. Again, I tried telling you it was not that big a rush and you need to more importantly file to vacate the foreclosure and stay the eviction.

Customer: replied 9 months ago.
i asked for reversal of the sale i didnt ask for vacating the foreclsoure. i asked for reversing the sale and then asked for monetary judgement. ok so if i have not done it before them there is no damage? why the lawyer said we have to do it befroe they do it. also i may have not done lis pendant papers with proper legal formating, i had to prepare a notice of pendancy and didnt know what to write followed an example and put some things in there. would the other party be able to throw it out becase it was not properly written? as long as it is recorded can they go in there and throw it out because the wording is not properly done? is it important to my legal suit ? i have not served them
questions::: should i go show my lis pendant to someone to make sure the working of notice of pendancy is done correctly and file a new one?
does it matter?
where does lis pendant go does the city acris gets a copy?
would it show up on line?
if i had filed it before they file it would it have showd on acris?
how many days i have to serve the parties with summons and complaint?
if i become sure the building is bought it i am goling to include them in the law suit because of bad faith etc they rejected my efforts to sell and they had intentions to buy it themselves!
Customer: replied 9 months ago.
please go back to our yesterday's conversation. it started with the fact you sent email said i still can do the lis pendant because of ny is a race. if i got there before they get there then i make the recording.
i insist if i had done the recording everyting would have stopped no judge would haev moved with eviction until the legal case is resolved,. i do not agree the eviction would haev taken place. that was the other lawyer said makes sense. i could not refinance my home as long as i had not recorded the transfer of the deed. notihing is finalized as long as it is not recorded. people can transfer cloudy deeds to each other can do all sorts of things between themselsved the finla place is governments organization where the deeds are to be recorded. if a deed is not recorded to my landlord's name they can not evict me. logic tells me they cant. every single legal papers they have filed it is always accompanied by acris filing. when i wanted to detach my ex's taxes i had to give irs my recording of deed in acris to prove i am the owners. recordinig recording not the transfer of the deed recording is the whole thing. if i had recorded my lis pendance the city would not have recorded theirs and woudl have said it has to clear first. if you are telling me i am wrong them once again answer my question this is 5th time i am asking: what happens after i file lis pendanse? how does city know a lis pendanse was filed? is it city or title seach company? if it is title search company then if i filed after the deed was transfered then acris would not have known any way. the question is when does acris know there is lis pendanse never?
Expert:  Law Educator, Esq. replied 9 months ago.
I did not say that , it was not me. I also explained to you what "race notice" meant yesterday and it was me who told you that you had it all wrong.
I am not going to spend all day again with you like the other day, going back and forth over the same things over and over again.
"I asked for reversal of the sale I didn't ask for vacating foreclosure" , those two things are the same thing. To reverse the sale, they have to vacate the foreclosure.
The lis pendens at this point is irrelevant. You need to work on your complaint and summons and serving the defendants with that together with your motion to stay eviction. You need to file it before they sue to evict you if you do not leave the property within the 10 days notice they gave you.