US Legal Forms
Release of Lis Pendens

Form Lis Pendens Foreclosure Nj In Suffolk

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Suffolk

Control #:

US-00403BG

Format:

Instant download

Description

The Form Lis Pendens Foreclosure NJ in Suffolk is essential for attorneys and legal professionals involved in real estate and foreclosure matters. This form is used to file a notice of pending legal action concerning property, informing interested parties of the ongoing foreclosure proceedings. Key features include sections for identifying the property, recording information, and providing details about the action being filed. Users must complete all relevant fields accurately and submit the form to the appropriate county clerk or recorder's office. Attorneys, partners, and associates will find this form vital when representing clients facing foreclosure. Paralegals and legal assistants should ensure the form is filled out correctly to avoid delays in proceedings. The release of a Lis Pendens, as outlined in the document, allows for the cancellation of the recorded notice once the matter is resolved, thus clearing the title for the property owner. Understanding the proper use and filing procedures of this form is crucial for effectively managing foreclosure cases in Suffolk.

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FAQ

No notice of lis pendens shall be effective after five years from the date of its filing.

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 Lis Pendens is a public notification that the property is being foreclosed upon. If the homeowner attempts to sell the property or get a second mortgage, the title search will reveal the Lis Pendens and notify any interested party that the property's title is in question due to the pending foreclosure.

The Notice of Intention to Foreclose must be sent by regular and certified mail and cannot be sent more than 180 days before the commencement of such action. The Notice must contain all the information set forth in NJSA 2A:50-56 et seq.

If a tenant has a lease that lasts beyond 90 days after the date the new owner acquires the property, then the tenant can stay for the remaining term of their lease, unless the new owner will live in the property. In that case the tenant can be required to leave if the new owner gives the 90-day notice.

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.