Bill

Bill > A678


NJ A678

NJ A678
Provides for court dismissal, with prejudice, of civil actions for which lis pendens notices are filed under certain circumstances.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill, concerning civil actions dealing with real estate for which notices of lis pendens are filed, would permit a defendant to move to have the action dismissed with prejudice based on the plaintiff's on-going failure to diligently prosecute the action, if the notice of lis pendens was previously discharged, at least six months prior, due to (1) the plaintiff's failure to prosecute, or (2) the plaintiff's failure to establish, at a previous hearing moved for by the defendant, that there was a probability that final judgment would be entered in favor of the plaintiff sufficient enough to justify the notice. The previous discharge of the notice of lis pendens, coupled with the on-going failure to prosecute after an additional six-month period, would serve as grounds for the dismissal, or the court could act to dismiss with prejudice for other good cause shown. The bill would take effect immediately, and would apply to all new civil actions filed on or after the effective date, as well as all existing actions which have not yet been finally adjudicated as of that date. The intent of the bill is to provide property owners with further protections from meritless claims against their property by establishing a faster means by which they can have such claims dismissed.

AI Summary

This bill allows a defendant to ask a court to dismiss a civil lawsuit related to real estate if a notice of lis pendens, which is a public record warning others about a pending lawsuit affecting a property, was previously removed and the plaintiff has not been actively pursuing the case for at least six months. A lis pendens can be discharged if the plaintiff fails to prosecute the case or if a court determines there's not enough probability of a favorable final judgment to justify the notice. If the lis pendens was discharged for either of these reasons, and the plaintiff continues to neglect the lawsuit for at least six months afterward, the defendant can move for a dismissal with prejudice, meaning the case cannot be refiled. The court can also dismiss the case for other valid reasons. This measure aims to protect property owners from prolonged, meritless claims against their property by providing a quicker way to get such cases thrown out. It applies to both new and existing lawsuits that haven't been finalized.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

bill text


bill summary

Loading...

bill summary

Loading...

bill summary

Loading...