Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 79.43
Notice of pendency of proceeding; effect
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 79
§ 79.43 Notice of pendency of proceeding; effect.

In all proceedings taken under this article, if real property or any
interest therein is intended to be affected, the petitioner shall file
in the clerk's office of each county where the property is situated a
notice of the pendency of such proceeding which shall set forth the
general nature and object of the proceeding and a brief description of
the real property in that county to be affected thereby, which notice
must be filed with the petition or at any time thereafter and before any
final adjudication in the proceeding. The clerk shall index such notice
against the name of the alleged incompetent. The pendency of the
proceeding is constructive notice from the time of so filing the notice
only to a purchaser or incumbrancer of the property affected thereby
from or against the alleged incompetent with respect to whom the notice
is directed to be indexed. A person whose conveyance or incumbrance is
subsequently executed or subsequently recorded is bound by all
proceedings taken after the filing of the notice to the same extent as
if he was a party to the proceeding. But this provision shall not
prevent a jury in a proper proceeding, on sufficient proof, from
rendering a verdict that shall overreach any conveyance or incumbrance
theretofore executed by the alleged incompetent, so as to make such
conveyance or incumbrance prima facie void.