Notice of Lis Pendens
(Mortgage Foreclosure) (NJ)

Summary

This notice of lis pendens may be filed by the plaintiff in an action to foreclose a mortgage on real property in New Jersey to put third-parties on notice that the action has been filed. This template contains practical guidance and drafting notes. This template may be used in connection with a foreclosure of commercial or residential property. A notice of lis pendens should be filed in the county clerk/register's office immediately after filing a foreclosure complaint. Pursuant to N.J. Stat. 2A:15-7(a), it puts the public on notice of the pendency of the foreclosure action and anyone who thereafter takes an interest in the property does so subject to the outcome of the foreclosure action. See also Manzo v. Shawmut Bank, N.A., 291 N.J. Super. 194, 199 (App. Div. 1996). Any lis pendens filed in New Jersey must contain the name and object of the legal action and also a description of the affected real estate. N.J. Stat. § 2A:15-6. A lis pendens filed in connection with a mortgage foreclosure must also specify the book and page number where the mortgage was recorded. N.J. Stat. § 2A:15-9. Pursuant to N.J. Stat. § 2A:15-11, a lis pendens is valid for five years. If you are getting close to that period and the action is not yet complete, you should file a new lis pendens before the first one expires to have continuity in your protection from intervening liens. If you fail to do so, all is not lost – you can still file a new lis pendens at a later date. However, you will have lost the continuity and will need to run a continuation search for the period from the filing of the first lis pendens to the filing of the second lis pendens, and amend to join any intervening liens. In this scenario, you will not have protection against an intervening lien or other interest holder that attached after the filing of your first lis pendens, without joining that party in the action. This template should not be used if the lis pendens is being filed in connection with an action other than a mortgage foreclosure. Instead, see Notice of Lis Pendens (NJ). For a template that can be used to discharge a notice of lis pendens previously filed in New Jersey, see Discharge of Lis Pendens (Mortgage Foreclosure) (NJ). For further guidance, see Residential Foreclosure (NJ) and Residential Foreclosure Resource Kit (NJ).