Skip to main content

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?

+ Read More

Attorney answers 3


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

DISCLAIMER: The foregoing is not intended to constitute legal advice, or to create an attorney-client relationship between us (See paragraph 8 of Avvo Terms and Conditions of Use). It is offered, instead, as general legal information relevant to the issue(s) raised in your question. Legal information is not the same as legal advice (i.e., the application of law to an individual's specific circumstances). If you desire to obtain legal advice, you should retain the services of an attorney to represent you. If you choose to act upon the information provided above without first retaining an attorney, you do so at your own risk.



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


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.


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.



Got it, thanks

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer