Notice of Lis Pendens: Your Real Property\Real Estate May Be Subject to Pending Litigation & Require Discharge of Lis Pendens
A Notice of Lis Pendens is a legal notice to show that current pending litigation relates to or pertains to certain real property\real estate, as set forth within New Jersey State Statutes. Said Notice must be filed with the County Clerk, and gives notice to anyone acquiring any interest in said property subsequent to the date of the notice. The Notice shows that the property may be bound by the outcome of the pending litigation. The Notice must set forth the caption of the underlying litigation complaint including the name of the Plaintiff(s) and Defendant(s) and also the date of filing of the complaint as set forth in N.J.S.A. 2A:15-6. The general allegations and or objections within the complaint must also be set forth as well as a description to the affected real estate property. The Notice of Lis Pendens must be signed by the Plaintiff or Plaintiff’s attorney, also set forth within N.J.S.A. 2A:15-6, and the name(s) and title of any party must also appear beneath said signatures pursuant to N.J.S.A. 46:15-1.1.a.(4). Once the pending litigation matter is resolved, an authorized person, being the attorney of record or the party who filed or authorized the filing of the Notice Lis Pendens or other, to then file with the County Clerk a Discharge of Lis Pendens to also be recorded. Said party must affirm the withdrawal of the litigation action and or other to authorize the County Clerk to discharge of record the recorded Notice Lis Pendens.
DiMedio Law is a New Jersey Business & Real Estate law firm whose practice includes commercial and residential real property real estate matters, and business & estate planning matters. Contact us at [email protected] or call us at 856-428-5577.