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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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What if plaintiff bank files for summary judgment with an

Customer Question

what if plaintiff bank files for summary judgment with an expired lis pendens, and does not renew the lis pendens until after the summary judgment is served. Can bank move for summary judgment without a valid lis pendens...
JA: Where is the property located?
Customer: new york second department
JA: Has any paperwork been filed?
Customer: yes, this is way gone in bankruptcy...etc, a mortgage foreclosure fraud if there ever was one...WaMu mortgage. 2009 complaint filed by JP Morgan as assignee to WaMu...lis pendense expired in July of 2012, JP Morgan moved to renew SJ on October 18, 2012, and then filed the lis JP Morgan moved without a valid lis pendens
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 19 days ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 19 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 19 days ago.
okay thank you
whats the answer
Expert:  Dwayne B. replied 19 days ago.

A lis pendens is just "notice to the world" that the property is in dispute. It isn't normally involved in a summary judgment in any manner and it isn't required that a lis pendens be in place to obtain a summary judgment.

If I'm misunderstanding what you're asking or that doesn't answer your questions please let me know.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 19 days ago.
no it does not, i know what lis pendens question is what effect does an expired lis pendens have on plaintiff's bank to file summary judgment...does the expired lis pendens effect bank's ability to move for summary judgment...
Expert:  Dwayne B. replied 19 days ago.

No, it has no effect on the bank's rights at all. They aren't required to file a lis pendens before filing a lawsuit or being involved in a lawsuit.

Customer: replied 19 days ago.
Ok but that is incorrect, there must be a valid lis pendens on file 20 days prior to entry of judgment of foreclosure...1331
Expert:  Dwayne B. replied 19 days ago.

We're talking about a summary judgment and not a entry of judgment for foreclosure. A summary judgment can cover a lot of different things.

Expert:  Dwayne B. replied 19 days ago.

And the notice required by Sec. 1331 is not strictly a Lis Pendens. If you read the statute it contains more information than a standard Lis Pendens.

Customer: replied 19 days ago.
summary judgment as to note ownership...
Expert:  Dwayne B. replied 19 days ago.

The answer is still the same. There can be a Summary Judgment order issued and then before the order directing a sale is entered the notice required by 1331 can be filed.

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