Filing A Lis Pendens In New Jersey In Franklin

State:
Multi-State
County:
Franklin
Control #:
US-00403BG
Format:
Word
Instant download

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

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.

• 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.

We typically see lis pendens recorded in several types of cases, including: quiet title, specific performance, easement cases, partition, adverse possession, wrongful eviction, and several other types of real property claims.

What Do Redemption Rights Mean? Redemption rights refer to the legal or contractual provisions that grant investors or shareholders the ability to demand the return of their investment or repurchase of their shares under certain circumstances.

Once put in place, a judgment lien expires in 20 years in New Jersey.

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 ...

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 ...

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.

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.

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.

More info

A Standard Document notice of lis pendens to file with a county recording office in New Jersey to provide constructive notice to third parties. Somerset County Lis Pendens Form.Fill in the blank form formatted to comply with all recording and content requirements. Respondent was admitted to the New Jersey bar in 1992. He has no history of discipline. Warren County Property Records are available to the public using the link below. Many historical records are recorded in the County Clerk's Office dating back to 1686, the year that Gloucester County was incorporated. Skip to main content.

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Filing A Lis Pendens In New Jersey In Franklin