Elizabeth New Jersey Notice of Lis Pendens

State:
New Jersey
City:
Elizabeth
Control #:
NJ-8257
Format:
Word; 
Rich Text
Instant download

Description

This Notice of Lis Pendens provides notice of the pendency of an action affecting the title to or the right of possession of real property, and includes the court where the action has been filed, the names of the parties to the action, the object of the action or defense and the location and legal description of the affected property.

Elizabeth New Jersey Notice of Li's Pendent is a legal document that provides public notice of a pending lawsuit involving a property located in Elizabeth, New Jersey. It is filed with the county clerk's office where the property is situated. The purpose of this notice is to alert potential buyers, lenders, and other interested parties that there is a legal dispute over the property and its ownership, which may have implications on its sale or transfer. The Elizabeth New Jersey Notice of Li's Pendent is typically filed when a party initiates a lawsuit related to real estate, such as a foreclosure action, partition suit, or a dispute over the property's title. By recording the notice, the party seeking to protect its claim ensures that subsequent purchasers or lenders are not caught unaware of the pending legal action. This notice essentially clouds the title and serves as a warning to anyone wishing to buy or loan against the property. In Elizabeth, New Jersey, there are various types of Notice of Li's Pendent, depending on the nature of the legal action being pursued. These may include: 1. Foreclosure Li's Pendent: This notice is commonly filed by a lender or mortgage holder initiating foreclosure proceedings against a defaulting borrower. It alerts interested parties that the property is subject to a foreclosure lawsuit and that the outcome may result in a transfer of ownership. 2. Partition Li's Pendent: When co-owners of a property disagree on its use or want to divide the property among themselves, a partition lawsuit may be initiated. A Partition Li's Pendent notifies interested parties that the property is subject to litigation regarding its division or sale. 3. Quiet Title Li's Pendent: This notice is typically filed when there is a dispute over the legal ownership or title of a property. It indicates that a lawsuit has been initiated to establish clear and marketable title and resolve any conflicting claims. It is important to note that the filing of a Notice of Li's Pendent does not automatically imply guilt or fault against any party involved in the legal action. Instead, it serves as a public record of the pending lawsuit, allowing interested parties to make informed decisions regarding the property. If you encounter an Elizabeth New Jersey Notice of Li's Pendent, it is advisable to consult with a knowledgeable attorney who can guide you through the legal implications and potential risks associated with the property in question.

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FAQ

Legal Definition of lis pendens 1 : a pending suit. 2 : a written notice of a pending suit involving property usually filed in the appropriate office (as a registry of deeds) ? called also notice of pendency. 3a : the jurisdiction and control of the court over property involved in a pending suit.

The notice of lis pendens is effective for five years from the filing date (N.J.S.A. 2A:15-11). However, the notice of lis pendens can be discharged when: The plaintiff fails to diligently prosecute the action (N.J.S.A.

To start with, a lis pendens is a filing only providing notice that a lawsuit involving a dispute over ownership to real estate is being litigated. The only purpose of a lis pendens is to provide notice of the existing lawsuit and nothing more. Thus, a lis pendens itself is not a standalone lawsuit.

Filing and Serving the Notice of Lis Pendens. File the notice of lis pendens: With the county recording office in the county where the real property is located. After filing the complaint in the litigation that directly involves the real property.

336, 345-47 (Law. Div. 1999)). Serve the notice of lis pendens on the property owner and any other defendant within three days of filing with the county recording office.

Purpose. This is a legal notice to show pending litigation relating to real property, and giving notice that anyone acquiring an interest in said property subsequent to the date of the notice may be bound by the outcome of the litigation.

When to Use a Discharge of Lis Pendens. The notice of lis pendens is effective for five years from the filing date (N.J.S.A. 2A:15-11).

A 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.

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

Filing and Serving the Notice of Lis Pendens. File the notice of lis pendens: With the county recording office in the county where the real property is located. After filing the complaint in the litigation that directly involves the real property.

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Elizabeth New Jersey Notice of Lis Pendens