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What Is A Lis Pendens In A New Jersey Foreclosure?

ByJoshua Denbeaux May 18, 2023January 26, 2024

Going through a foreclosure can be extremely overwhelming. There are so many specific timelines and small details that need to be considered, including new terms you may not know. You may be asking what a lis pendens is and what it means if you’re facing foreclosure. If you’ve never dealt with foreclosure before, it can be difficult to figure out everything that you need to do and what it means. 

If you think that you’re at risk of being foreclosed on, you should contact an attorney as soon as possible. An attorney can help you through the foreclosure process and talk you through any steps that may help you avoid or prevent foreclosure, depending on where you are in the process.

You don’t have to go through foreclosure alone. If you are being foreclosed on or dealing with a lis pendens in NJ, contact Denbeaux & Denbeaux Law today to learn more about how we may be able to help you. 

What Is a Lis Pendens?

Lis pendens means suit pending in Latin. In the foreclosure process, a lis pendens is a public document that’s filed with the county clerk at the same time that your lender files your public foreclosure complaint. 

What Does Lis Pendens Mean In Foreclosure?

A foreclosure complaint and lis pendens are usually filed at the same time. The foreclosure complaint is a notice to you that foreclosure has been filed, and a lis pendens is a public notification that the property is involved in a foreclosure. A lis pendens is publicly accessible with the home’s title and mainly serves to inform others that the property is in foreclosure. 

If the homeowner tries to sell the home or get a second mortgage, the potential buyer or lender will be able to see that the property is involved in foreclosure. For potential buyers, the lis pendens is intended to deter buyers so that the home doesn’t sell before the foreclosure is settled. Filing a lis pendens can also help lenders make sure that homeowners are held responsible for any unpaid fees related to the property. 

How Do I Find Out if a Lis Pendens Has Been Filed on My House?

Your lender is required to personally notify you of a foreclosure complaint, but they do not have to notify you if they file a lis pendens. You likely will not receive any sort of notification that a lis pendens has been filed. The only way to know if an NJ lis pendens has been filed is to check your county clerk’s website.

Lis Pendens and Foreclosure in NJ

After a lis pendens has been filed, the house is considered “pre-foreclosure.” A home that’s considered to be in pre-foreclosure will stay in pre-foreclosure until the matter is settled, which means that the property is sold or comes out of foreclosure. 

If you’ve received an NOI and a lis pendens has been filed against you, you still have options to avoid foreclosure. A foreclosure attorney can work with you to help guide you through any options you may have to stop foreclosure. 

Contact a Foreclosure Attorney Today

If you’ve had a lis pendens filed against you or have received an NOI, your lender is actively pursuing foreclosure against you. To protect yourself and your home as best as possible, it’s a good idea to contact a foreclosure attorney as soon as possible.

Receiving one of these notices doesn’t mean you’ll lose your home. It just means that you must take action to keep your home. An experienced attorney can help you through the many options to avoid or stop a foreclosure.

Joshua Denbeaux is a New Jersey foreclosure attorney who has helped thousands of homeowners keep their homes. If a lis pendens has been filed against your home, contact us today to learn more about how we may be able to help you stop foreclosure. 

Joshua Denbeaux

Attorney

Joshua Denbeaux is a Partner at Denbeaux & Denbeaux, concentrating his practice on financial consumer rights issues and foreclosure defense. He has substantial experience in legal matters related to foreclosure, loan modification, debt collection, and the prosecution of cases related to predatory lending. Mr. Denbeaux received his law degree in 1994 from Seton Hall University after completing his undergraduate work at The College of Wooster. Mr. Denbeaux is licensed to practice in the United States District Courts for New Jersey.

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