(a) In a foreclosure action, a successive notice of pendency may be filed to comply with section thirteen hundred thirty-one of the real property actions and proceedings law, notwithstanding that a previously filed notice of pendency in such action or in a previous foreclosure action has expired pursuant to section 6513 of this article or has become ineffective because service of a summons had not been completed within the time limited by section 6512 of this article, whether or not such expiration or such ineffectiveness has been determined by the court. This subdivision is inapplicable to an action to foreclose a mechanic’s lien, notwithstanding section forty-three of the lien law.
§ 6516.Successive notices of pendency
Article 65. Notice of Pendency · Last amended 2005 · Last verified July 21, 2026
In one sentenceCPLR 6516 lets a lender refiling a foreclosure file a successive notice of pendency even after an earlier one expired or became ineffective, while barring successive filings in other actions once a prior notice on the same property has lapsed.
Full Text of CPLR 6516
(b) For the purposes of this article, the term “foreclosure action” shall mean any action or proceeding in which the provisions of section thirteen hundred thirty-one of the real property actions and proceedings law are applicable or in which a similar requirement is imposed by law.
(c) Except as provided in subdivision (a) of this section, a notice of pendency may not be filed in any action in which a previously filed notice of pendency affecting the same property had been cancelled or vacated or had expired or become ineffective.
(d) Nothing contained in this section shall be construed as making the requirements of section thirteen hundred thirty-one of the real property actions and proceedings law applicable to a proceeding to foreclose a tax lien in which a list of delinquent taxes has been filed pursuant to subdivision seven of section eleven hundred twenty-two of the real property tax law or any comparable law, or as precluding the filing of a successive list of delinquent taxes in such a proceeding.
Plain-English Summary
CPLR 6516 answers a problem specific to mortgage foreclosures. Real Property Actions and Proceedings Law section 1331 requires a foreclosing lender to keep a notice of pendency in effect, but litigation can drag on long enough that an earlier notice expires under section 6513 or becomes ineffective because the summons was not served in time under section 6512. Subdivision (a) lets the lender file a successive notice of pendency to comply with that requirement, notwithstanding the earlier lapse, whether or not a court has even ruled on whether the first notice expired or became ineffective. That relief does not extend to an action foreclosing a mechanic's lien, even though the lien law has a similar provision.
Subdivision (b) defines exactly which actions count as a foreclosure action for this purpose: any action or proceeding where RPAPL 1331 applies, or where a similar legal requirement to keep a notice of pendency in effect applies.
Outside that foreclosure carve-out, subdivision (c) shuts the door on refiling. A notice of pendency cannot be filed in an action if an earlier notice on the same property was cancelled, vacated, expired, or became ineffective. Subdivision (d) makes clear this section does not extend RPAPL 1331's requirements to a tax-lien foreclosure proceeding filed under a list of delinquent taxes, and it does not stop a successive list of delinquent taxes from being filed in that kind of proceeding.
Frequently Asked Questions
Can a foreclosing lender file a new notice of pendency after the old one expired?
Yes, subdivision (a) lets a lender file a successive notice of pendency in a foreclosure action to comply with RPAPL 1331, even if an earlier notice expired under section 6513 or became ineffective under section 6512.
Does this successive-filing rule apply to mechanic's lien foreclosures?
No, subdivision (a) expressly excludes actions to foreclose a mechanic's lien from this relief.
What counts as a foreclosure action under CPLR 6516?
Any action or proceeding where RPAPL 1331 applies, or where a similar legal requirement to maintain a notice of pendency applies.
Can a plaintiff refile a notice of pendency in a non-foreclosure case after the first one lapsed?
No, subdivision (c) bars filing a new notice of pendency on the same property if an earlier one was cancelled, vacated, expired, or became ineffective.
Does section 6516 change the rules for tax lien foreclosures?
No, subdivision (d) makes clear the section does not extend RPAPL 1331's requirements to tax lien foreclosure proceedings and does not block filing a successive list of delinquent taxes in one.
Amendment History
Add, L 2005, ch 387, § 2, eff Aug 2, 2005.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 6516 successive notice of pendencyrefile lis pendens foreclosure New YorkRPAPL 1331 notice of pendencyNew York foreclosure lis pendens renewal