Walter v. State Bank of Albany

The majority proceeds in part upon the premise that "notice” could have some legal bearing upon the status of the State Bank of Albany (Bank) as a judgment creditor (incumbrancer) whose lien arose after the lis pendens was filed. However, a judgment creditor is not an incumbrancer whose lien can be affected by any notice, actual or constructive, of other persons’ rights. The lien of a judgment creditor arises as an operation of law upon proper filing and only issues as to matters of priority regarding the property subject to the lien remain.

The case of Carvel-Dari Freeze Stores v Lukon (219…