Filing A Lis Pendens In New Jersey In King

State:
Multi-State
County:
King
Control #:
US-00403BG
Format:
Word
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Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

Marital Privilege -- Confidential Communications. N.J.S.A. 2A:84A-22 provides: (1) Except as otherwise provided in this section, no person shall disclose any communication made in confidence between such person and his or her spouse or civil union partner.

The court ultimately adopted a common interest doctrine that (1) applies in connection with “actual or anticipated litigation”; (2) can protect communications among participants who share a “common purpose” (because “the common interest need not be identical”); and (3) can protect communications between “counsel for ...

To file a lis pendens, the party filing must have or show one of two things: That there is a recorded instrument, usually some mortgage or encumbrance, or perhaps something related to a construction mechanics lien—that potentially provides the filer the right to the property on or in the document.

File a request with the court to remove the lis pendens. Provide the legal reasons the lis pendens is improper, offering proof, for example, that the lis pendens affects real estate that is not connected to the litigation. If the lawsuit is frivolous and merely intended to harass the property owner, offer proof.

The first step in a real estate partition is to file a partition action lawsuit in the Chancery Division of the County Superior Court where the property is located. All of the co-owners must be named along with anyone with present or future interests in the property.

Choice of law clause, also known as a governing law clause, that allows the contracting parties to choose the substantive law of New Jersey to apply to the contract.

Under New Jersey law, there is a litigation privilege that is an absolute privilege to any communication: “(1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) that have some connection or logical relation to ...

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure.

• Any action or proceeding which is pending in any court of law is. said to be lis pendens. • The maxim representing this doctrine means that 'during the. pendency of litigation, nothing new should be introduced and to maintain the status quo, to abstain from doing anything which may affect any party to the litigation.

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Filing A Lis Pendens In New Jersey In King