Filing A Lis Pendens In New Jersey In Hillsborough

State:
Multi-State
County:
Hillsborough
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

What is a lis pendens? (CCP § 405.21) A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful.

A Lis Pendens Can be Removed, Foreclosed or “Expunged”, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.

(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property ...

Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.

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.

Common lawsuits that may require or result in lis pendens being recorded include quiet title actions, partition lawsuits, specific performance, and easement disputes. A quiet title action is when more than one person has a claim to real property, and the title needs to be “quieted” or made to be a clear title.

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 ...

Lis pendens is a formal notice that there is a pending action, or lawsuit, that could affect the title of the property. However, it serves an even bigger purpose. When a lis pendens is filed, any future transfers of the property are affected by the pending action if it were to be awarded.

Litigating Real Estate Disputes in New Jersey New Jersey law permits parties to a contract to bring a lawsuit within 6 years to enforce their rights. This statute of limitations applies not only to breach of contract, but also to fraud, mortgage disputes, and other real estate issues.

Adverse possession: Currently, N.J.S. 2A:14-30 and 2A:14-31 provide that an adverse possessor can acquire title to real estate after 30 years' uninterrupted possession (or after 60 years if the property consists of woodlands or uncultivated tracts).

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. RECORDING FEES ; Lis Pendens to Foreclose a Lien.Fill in the blank form used to certify service of lis pendens. The Clerk of Court Recording Department records, indexes, and archives all documents that create the Official Records of Hillsborough County. How can I make a payment? Dear Hillsborough Township,. This is a request for public records made under OPRA and the common law right of access. The term lis pendens is Latin for "pending lawsuit.

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Filing A Lis Pendens In New Jersey In Hillsborough