New Jersey Discharge of Lis Pendens
Definition and meaning
The New Jersey Discharge of Lis Pendens is a legal document that formally cancels a previously filed notice of a pending lawsuit related to real estate. This notice, known as a lis pendens, serves to inform interested parties that a property is involved in litigation. When the underlying dispute is resolved, filing a discharge is necessary to clear the title of the property, allowing the involved parties to proceed without the burden of the pending claim.
How to complete a form
Completing the New Jersey Discharge of Lis Pendens involves several specific steps:
- Obtain the form from a reliable source, such as uslegalforms.com.
- Fill in the required fields, including the date of the original lis pendens filing and the docket number.
- Identify the parties involved in the lawsuit, including the plaintiff and defendant.
- Have the form signed by the appropriate parties.
- Submit the completed form to the clerk of the county where the original lis pendens was filed.
Who should use this form
The New Jersey Discharge of Lis Pendens should be used by individuals or entities who have been involved in legal disputes related to real estate transactions. This includes:
- Property owners who are plaintiffs in a lawsuit
- Mortgagees looking to clear their title
- Defendants who have resolved the litigation
Using this form is essential to officially conclude the legal notice that affects the property's title.
Legal use and context
In New Jersey, a lis pendens is filed when a party has initiated a lawsuit that could affect the ownership of a property. Once the dispute is settled, a discharge of the lis pendens is filed to officially remove the notice from the property’s title records. This helps to clear any legal clouds that may deter potential buyers or lenders from engaging with the property.
Key components of the form
The New Jersey Discharge of Lis Pendens includes several important components:
- Date of filing: The date when the original lis pendens was filed.
- Docket number: The case number associated with the filed litigation.
- Parties involved: Names of the plaintiff and defendant.
- Resolution statement: A declaration stating that the matters in dispute have been settled.
Each of these components is critical for ensuring that the discharge is valid and enforceable.
What to expect during notarization or witnessing
Notarization is typically necessary for the New Jersey Discharge of Lis Pendens. When preparing for notarization, ensure you have the following:
- A government-issued photo ID
- The completed form, unsigned
- Any relevant documentation demonstrating the resolution of the dispute
During notarization, the notary will verify the identity of the signer and may ask questions to confirm understanding of the document. This step is crucial as it adds a layer of authenticity to the discharge.
Form popularity
FAQ
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
Notice of lis pendens. No notice of lis pendens shall be effective after five years from the date of its filing.
A lis pendens may be removed through a motion to expunge. A motion to expunge may be granted if the underlying lawsuit or other court action does not contain a real property claim that has probable validity. The motion will be granted it if is more likely than not that the underlying lawsuit or claim will fail.
How long does a lis pendens last? The amount of time a lis pendens lasts depends on the state you live in and can vary from months up to a year. If you intend to file a lis pendens, or have one filed against you, make sure you speak with a lawyer to determine the time frame based on your state.
If the lis pendens was filed by the city for unsafe conditions in a building you own, you may have to file a cancellation request with the county clerk's office.
Lis Pendens is Latin for "Suit Pending". It means someone has a claim, valid or not against the property in question or its owner, and filed a notice in the public records. Release means there is a cancellation which has been filed, cancelling or negating the lien or lis pendens notice.
A Lis Pendens isn't a lien or mortgage against the property but it can have the same effect. A lis pendens is a cloud on the property's title.As long as the Lis Pendens is there, you can forget selling or refinancing your property2026 unless to you're dealing with a hard money lender or buyer willing to take high risks.
Once the lis pendens is filed, it will become part of the public record because it is a constructive notice. This also means that if you didn't receive notification directly (perhaps you were sent a letter that got lost in the mail), the lis pendens still remains in effect.
Releasing a lis pendens in California requires that the party that signed the original lis pendens, or their successor in interest, must sign and record the notice of release of lis pendens . The signature on the notice of release of a lis pendens must be notarized.