Download New Jersey Lis Pendens Discharge Legal Forms
New Jersey Lis Pendens Discharge Overview
When a case has been resolved or Plaintiff wishes to abandon, a "Discharge of Lis Pendens" should be filed to notify all parties.
2A:15-17. Discharge of lis pendens when judgment is paid, satisfied or action settled or abandoned
When a judgment made in an action, of the pendency of which notice has been filed as herein provided, is paid, satisfied or performed, or the action has been settled by the parties thereto or has been abandoned by plaintiff therein, a statement of such payment, satisfaction, performance, settlement or abandonment shall be entered by the county clerk or register of deeds and mortgages in whose office the notice has been filed, upon the receipt and filing by him of a warrant for that purpose, executed by the party who filed the notice, or his attorney, as warrants to satisfy judgments are required to be executed.
If the judgment has been paid, satisfied or performed or the action has been settled or abandoned as aforesaid, but the party who filed the notice of lis pendens fails to file the warrant stated, the court having jurisdiction of the action may, upon being satisfied of the fact of such payment, satisfaction, performance, settlement or abandonment and upon such notice as it may by its order direct, order the real estate affected and described in the notice of lis pendens to be discharged of all claims or equities set up in the complaint in the action.
The county clerk or register of deeds and mortgages shall, upon the filing by him of the warrant mentioned in the first paragraph of this section or upon the filing by him of the original or a certified copy of the order mentioned in the second paragraph of this section, note in the margin of the record of the lis pendens notice the discharge thereof by the warrant or order.
Thereupon the real estate affected by the action and described in the notice shall be discharged of all claims or equities set up in the complaint in the action.
After filing the Discharge all defendants should be notified and to such action, included is a "Certification of Service" form for this purpose.
(New Jersey LP Discharge Package includes form, guidelines, and completed example)