Discharge of Lis Pendens
(NJ)

Summary

This template for a discharge of lis pendens may be used by the plaintiff in a New Jersey legal action to discharge a notice of lis pendens previously filed by the plaintiff. This template contains practical guidance and drafting notes. N.J. Stat. § 2A:15-6 requires that a plaintiff commencing an action in New Jersey that seeks "to enforce a lien upon real estate or to affect the title to real estate or a lien or encumbrance thereon," file a notice of lis pendens in the county where the real property is located. The purpose of the notice of lis pendens is to put potential purchasers and lenders on notice that the action exists. Pursuant to N.J. Stat. § 2A:15-17, upon receipt of a warrant from the party who filed the notice of lis pendens stating that the judgment has been satisfied, the action has been settled, or the action has been abandoned, the county clerk or register of deeds and mortgages in whose office the notice was filed must discharge the lis pendens. If any of these circumstances exist and the plaintiff refuses to file a warrant to discharge the lis pendens, the court having jurisdiction over the action may direct that the real estate affected be discharged of all claims and equities set forth in the complaint. N.J. Stat. § 2A:15-17. For a discharge template for use when the pending action is a mortgage foreclosure, see Discharge of Lis Pendens (Mortgage Foreclosure) (NJ). For a lis pendens template, see Notice of Lis Pendens (NJ) and Notice of Lis Pendens (Mortgage Foreclosure) (NJ). For information on foreclosure in New Jersey, see Commercial Foreclosure Resource Kit (NJ) and Residential Foreclosure Resource Kit (NJ). For information on recording real property documents in New Jersey, see Recording Procedures (NJ). For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate.