Filing A Lis Pendens In New Jersey In Franklin
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“Lis pendens doctrine” permits the dismissal of the later action filed when two or more lawsuits are pending. It is designed to protect a defendant from having to defend several suits on the same cause of action at the same time.
A notice of pendency (also known as a lis pendens ) is a written notice of a judicial proceeding that affects the ownership of property.
No notice of lis pendens shall be effective after five years from the date of its filing.
No notice of lis pendens shall be effective after five years from the date of its filing.
A lis pendens does not have a statute of limitations per se. All a lis pendens is, is a notice to the "world" (assuming it is properly recorded with the appropriate recorder's office) that there is pending litigation which could affect title of the property.
Ing to N.J.S.A. 2A:14-5, a judgment lien in New Jersey is valid for 20 years.
Lis pendens are used most often in cases of divorce and foreclosure. For example, if a divorcing couple cannot agree on how to divide their interest in the marital home, one spouse may file a lis pendens in order to keep the other spouse from trying to sell the house until the divorce is settled.
LIS PENDENS: A LEGISLATIVE RESPONSE TO A. JUDICIAL INVITATION. A notice of is pendens must be filed whenever there is a cause of action pending which affects title to real property. ' Such notice is de- signed to protect the alleged interest of the litigant in the realty.
There is no specific time frame for how long a lis pendens is valid. Rather, a lis pendens is valid until it is expunged or the underlying case is resolved. If not expunged, a lis pendens is often removed as part of a settlement agreement reached between the parties.
