Download New Jersey Lis Pendens Legal Forms

Lis Pendens is Latin for "litigation pending". Think of Lis Pendens as "notice of lawsuit". Once recorded this gives notice to the world that there is litigation pending over a parcel of real property. A buyer would be held subject to the outcome of the litigation. This greatly discourages any transfer of title until litigation is resolved. Common uses of a Lis Pendens are: Quit Title Action, Mechanic's Lien, Foreclosure, and part of a divorce proceeding (usually when the property is in one parties name).

N.J.S.A.2A:15-6. Written notice of pendency of action; contents

In every action, instituted in any court of this State having civil jurisdiction or in the United States District Court for the District of New Jersey, the object of which is to enforce a lien upon real estate or to affect the title to real estate or a lien or encumbrance thereon, plaintiff or his attorney shall, after the filing of the complaint, file in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county in which the affected real estate is situate, a written notice of the pendency of the action, which shall set forth the title and the general object thereof, with a description of the affected real estate.

No notice of lis pendens shall be filed under this article in an action to recover a judgment for money or damages only.

When a notice of lis pendens is filed in such an action, the plaintiff shall, within three days after the filing of the notice of lis pendens, serve upon the defendant a copy of the notice of lis pendens and of the complaint. See N.J.S.A.. 2A:15-7. Included is a "Certificate of Service" form with instructions.

(New Jersey LP Package includes form, guidelines, and completed example)