New Jersey Release of Lis Pendens
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How to fill out Release Of Lis Pendens?
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FAQ
As its translation indicates, the purpose of a lis pendens is to give notice to a third-person (typically a potential buyer) that a certain parcel of real estate is subject to a pending lawsuit and that any interest a buyer acquires in that real estate will be subject to the result of the pending legal action.
A Standard Document notice of lis pendens to file with a county recording office in New Jersey to provide constructive notice to third parties that a legal proceeding is pending in a New Jersey court that asserts a claim against title or some other ownership interest in the real property.
No notice of lis pendens shall be effective after five years from the date of its filing. Amended by 1995, c. 244, s. 16.
The C.L.P. in a prescribed form (FORM 30, Land Titles Act or FORM 6, Builders' Lien Act) must be signed and sealed by the clerk of the court. The C.L.P. may be FAX FILED with the clerk of the court.
Once the complaint is filed, it enters a Lis pendens, meaning a suit is pending. The lender becomes the plaintiff, and the debtor becomes the defendant in the court record. The case receives a docket number. The plaintiff must serve the defendant with the foreclosure complaint.
If you receive a discharge of lis pendens, it means your property no longer has a claim or lawsuit against it.
The party seeking to dissolve the lis pendens must file a motion defining why the lis pendens is neither one of right nor one with a nexus to the real property. The movant will normally also ask for a bond in the event that the judge does find a nexus exists.
