Which statement about Notice of Pendency (lis pendens) is true?

• A. May file prior to action
• B. Must file after a judgment
• C. It is not a lien on the property
• D. It lasts for 5 years

Answer: (A)

A lis pendens is a recorded notice that a real property-related lawsuit is pending and may affect the property's title or possession. It is not a lien on the property; it doesn’t create a monetary claim or encumbrance. The notice serves to warn the world that the outcome of the case could change who owns or can use the property. In most jurisdictions (including New York), you file a notice of pendency only after an action has been commenced or a related proceeding is pending, not before. It remains in effect for the duration of the action and is dissolved when the case ends, whether by judgment, dismissal, or withdrawal, rather than lasting a fixed period like five years. So the true statement is that it is not a lien on the property.