Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

Thursday, January 30, 2020

Lis pendens 2A :15-7 Filed notice; effect as to persons claiming interest in real estate affected by notice

2A :15-7 Filed notice;  effect as to persons claiming interest in real estate affected by notice
    a.  In action to enforce or declare rights in, or concerning, or for partition of real estate, wherein plaintiff's claim arises out of a written instrument, which instrument either is executed by defendant and identifies such real estate or appears of record with respect to the title thereto, from and after the filing of a notice of lis pendens, any person claiming title to, interest in or lien upon the real estate described in the notice through any defendant in the action as to which the notice is filed shall be deemed to have  acquired the same with knowledge of the pendency of the action, and shall be  bound by any judgment entered therein, as though he had been made a party  thereto and duly served with process therein.

    b.  In an action other than one specified in subsection a. of this section,  if a notice of lis pendens is filed, that notice shall have the same effect as  provided in subsection a., until the entry of a determination by the court  pursuant to this subsection.  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.  Any party claiming an interest in the real estate  affected by the notice of lis pendens may, at any time thereafter, file with  the court, in accordance with the Rules Governing the Courts of the State of  New Jersey, except as otherwise provided herein, a motion for a determination  as to whether there is a probability that final judgment will be entered in  favor of the plaintiff sufficient to justify the filing or continuation of the  notice of lis pendens.  The plaintiff shall bear the burden of establishing  such probability.  The court shall, after hearing and within 10 days, enter a determination as to whether there is a sufficient probability that final judgment will be entered in favor of the plaintiff.  If the court determines that there is a sufficient probability of final judgment in favor of the plaintiff, the notice of lis pendens shall be continued of record and shall have the same effect as provided in subsection a.  If the court fails so to determine, the court shall forthwith order the notice of lis pendens discharged  of record.

No comments: