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Lis Pendens Discharge Form - Essex County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/25/2021
Lis Pendens Discharge Guide - Essex County
Line by line guide explaining every blank on the form.
Included document last updated 3/30/2021
Completed Example of the Lis Pendens Discharge Document - Essex County
Example of a properly completed form for reference.
Included document last updated 3/9/2021
Certificate of Service Form - Essex County
Fill in the blank form used to certify service of lis pendens discharge.
Included document last updated 3/18/2021
*The Following New Jersey and Essex County supplemental forms are included as a courtesy with your order.
County Cover Page
This cover page is required to be part of any document affecting land title being recorded in Essex County, New Jersey. It is part of the recorded instrument and permanent record and should not be detached from the original document.
Gross Income Tax (GIT)
The Gross Income Tax form (GIT/REP) must be recorded with a deed when selling/transferring real property in New Jersey. Sellers must use one of the following forms: 1. Nonresident Seller's Tax Declaration 2. Nonresident Seller's Tax Prepayment Receipt 3. Seller's Residency Certification/Exemption 4. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment 4a. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment for Corrected Deed with no Consideration Each of these forms comes with its own instruction page. Consult the separate tax declaration information for further details.
Affidavit of Consideration
This affidavit must be recorded with all deeds - when entire consideration is not recited anywhere in deed, - when grantor claims total or partial exemption from fee, - for all Class 4 property that includes commercial, industrial, or apartment property, - and for transfers of “new construction.” Buyer's affidavit is required when the entire consideration is in excess of $1,000,000 and for every commercial property transfer.
Notary Certificates
The supplemental forms in this section can be used as loose certificates for notarization in the state.
Resident Decedent Forms
The NJ Estate Tax is in addition to the NJ Inheritance Tax. A tax is imposed upon the estate of every resident decedent having a date of death after December 31, 2001. A New Jersey estate tax return must be filed if the decedent’s Gross Estate exceeds $675,000. Form L-9 is an affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Do not file the affidavit with the county clerk, but send to NJ Division of Taxation, Inheritance and Estate Tax.
Including:
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.
Get your Essex County Lis Pendens Discharge form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Essex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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