Escrow & Title
Under New York law, a 'notice of pendency' (lis pendens) in a real estate foreclosure action must be filed:
AAfter the foreclosure sale
BAt or before the time the foreclosure action is commenced, in the county clerk's office of the county where the property is located✓ Correct
COnly after a judgment of foreclosure is entered
DOnly for commercial properties in foreclosure
Explanation
Under RPAPL section 1331, in a foreclosure action (or any action affecting title to real property), the plaintiff must file a notice of pendency (lis pendens) in the county clerk's office at or before the time the action is commenced. The lis pendens provides constructive notice of the pending litigation to anyone who subsequently deals with the property.
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