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Foreclosure Action - Filing a Notice of Claim

Brooklyn, NY |

1. How do I do this in NY County? Is there a form? Is there a fee?
2. I only have a lawsuit at the moment against the bldg - not a judgment. Can I still file the notice?

Attorney Answers 3

Posted

Your question is not detailed enough for a propr answer to be given. Try adding more facts about what you are trying to accomplish.

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Posted

I want to make a claim on the surplus to satisfy a potential judgment. What more do you need to know?

Posted

If I understand your questions correctly, you have sued the owner of a building in New York County and want to file a lien against the building now, before you've obtained a judgment. However, under Civil Practice Law & Rules ("CPLR") 5201(b), you must wait until you have been awarded a judgment before you can attempt to enforce it against the building. Once you have obtained a judgment, you may request the issuance of a Transcript of Judgment (a standard form) from the county clerk in the county in which the judgment was obtained, and then you may file the Transcript of Judgment in the county clerk's office for each New York State county in which the defendant owns real property (including in the county clerk's office for NY County). The fees for the issuance of the Transcript of Judgment and then for filing it come to $40 total.

At this point, you probably don't have to worry about how you will enforce the judgment, since the defendant's building isn't going anywhere. My recommendation is to focus all efforts on winning the lawsuit and obtaining a judgment, since you should be able to enforce it if you do win.

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Posted

You can only foreclose a judgment lien after you get the judgment. In some cases you can file a Notice of Pendency. In others you can get an attachment. If you have no idea what I am talking about get a lawyer. You may be in over your head on procedure.

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Posted

Got it, thanks

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