Rights of the following persons who were served by publication as party defendants in that suit styled _____________ under Case or Docket No. __________________ : __________________. The Company requires for its review and recordation a satisfactory deed from said persons or their successors in interest, and their spouses, if any. At that time, the Company may make additional requirements or exceptions.
Comment: If a person claiming an interest in the land is served by publication and does not enter an appearance, you must require a deed from that person unless subsequent extended actual use and state title examination customs justify reliance on citation by publication.
Comment: If a person claiming an interest in the land is served by publication and does not enter an appearance, you must require a deed from that person unless two years has elapsed since the entry of judgment.
(1) Action must be discontinued and Notice of Pendency canceled by order of Court; and
(2) A deed is required from __(name[s])__, conveying the interest claimed.
{has expired. If a foreclosure action, a new Notice must be filed more than 20 days prior to the rendering of final judgment of foreclosure and sale.}
{must be filed more than 20 days prior to the rendering of final judgment of foreclosure and sale.}
{has not been filed as provided in RPAPL Section 1331. Judgment of Foreclosure and Sale is not effective.}
{is not effective because the defendant was not served within 30 days of the filing of the Notice, as required pursuant to CPLR Section 6512. Judgment of Foreclosure and Sale is not effective in the absence of a curative order, and policy will except any matters arising after the filing of the original, defective notice.