Can anyone inform me the proper LIS PENDENS DOCUMENT to use when filing yourself? Document # & Name .?

Question

I was wondering if someone can guide me in the proper form to buy for a Lis Pendens action I want to take against a home owner who will not return my deposit after I received a denial for my mortgage. It clearly states that it is refundabe but it is being withheld. The sellers said it took too long to notify them and are not returning my deposit. It should be noted that they were notified right after we were notified. I live in the State of New York. Any help regarding the proper form to use and form# would be appreciated.
Thank You.
Belle3

Answer 1

Okay, hold up a moment. You should already have an attorney, this is yet another area of Law that looks a lot simpler than it actually is.

First of all, the Lis Pendens is not the final solution. It's only valid for so long, and as the translation of the name suggests, it means "litigation is pending", so you don't just file it and get your money, you need to have the intent to sue them and believe you will prevail.

Now, your contract has a date for how long you have to get your mortgage contingency satisfied. If it doesn't, you don't have a mortgage contingency. If you did not obtain the mortgage by that time, you either waived the contingency, or you exercised your rights under the contract and voided the contract. If you missed that date, you aren't likely to win in court. It makes no difference at all how long the lender took to notify you. It isn't their contract, it's yours. They aren't parties to it.

Talk to an attorney Monday morning, and have the contract available for them. You can probably get this resolved by Tuesday afternoon, either with a refund if you're entitled to it, or an explanation why not if you aren't.

Answer 2

Did you file an deposit escrow dispute with the State of NY? That would actually be your first step before you would even consider filing a Liz Pendens. If you worked with a realtor, he should help you with that. In Florida it's my legal duty to report escrow disputes within 15 days of the start of the dispute.

Sometimes, these disputes take a few months to resolve. Be patient. If it's as you say, you should get your money back