Which statements are true about filing a Notice of Pendency?

Which statements are true about filing a Notice of Pendency?

• A. Filing with the county clerk and service within 30 days; does not require court order or bond
• B. Requires a court order and a bond
• C. Does not require filing with the county clerk
• D. Service must occur within 60 days and requires a bond

Answer: (A)

A Notice of Pendency alerts anyone dealing with the property that a lawsuit affecting the title is pending, so they proceed with caution about transfers or encumbrances. For it to be effective, it must be filed with the county clerk where the property sits, placing the notice on public record. After filing, a copy must be served on all parties to the action within 30 days. This timing is crucial because the pendency attaches to the property as long as the notice is properly filed and timely served. Importantly, filing does not require a court order, and a bond is not required as part of the standard filing itself. The court can impose or lift conditions in particular circumstances, but those are not part of the basic filing requirements.

A Notice of Pendency alerts anyone dealing with the property that a lawsuit affecting the title is pending, so they proceed with caution about transfers or encumbrances. For it to be effective, it must be filed with the county clerk where the property sits, placing the notice on public record. After filing, a copy must be served on all parties to the action within 30 days. This timing is crucial because the pendency attaches to the property as long as the notice is properly filed and timely served. Importantly, filing does not require a court order, and a bond is not required as part of the standard filing itself. The court can impose or lift conditions in particular circumstances, but those are not part of the basic filing requirements.