Provides for court dismissal, with prejudice, of civil actions for which lis pendens notices are filed under certain circumstances.
Impact
The enactment of A2173 is designed to enhance legal protections for property owners in New Jersey, streamlining the process to dismiss frivolous lawsuits tied to real estate. By introducing a time frame—specifically a requirement for the dismissal motion to be filed at least six months after the discharge of the lis pendens—owners can more swiftly regain clear title to their property if allegations cannot be proved. The bill's immediate applicability ensures that all actions filed after its passage, including those pending resolution, will benefit from this expedited process.
Summary
Assembly Bill A2173 aims to amend existing law regarding civil actions associated with notices of lis pendens, which are public notices indicating that a property is involved in litigation. The bill specifically allows for court-assisted dismissals of such actions with prejudice if plaintiffs fail to diligently prosecute their claims. This addresses concerns that property owners may be unjustly affected by meritless claims, thus providing them with additional protections against the potential encumbrance of their property by unresolved legal actions.
Contention
While supporters of A2173 argue that the measure will help clear title issues and discourage frivolous lawsuits, there may be concerns among certain legal circles regarding the potential rush to dismiss cases before they are adequately heard. Opponents might argue this could infringe upon the rights of plaintiffs, especially if they are unable to present sufficient evidence promptly due to circumstances beyond their control. The balancing act between expediting the legal process and ensuring fair access to justice will likely be a pivotal part of debates surrounding the bill.
Provides forbearance of residential mortgage foreclosures under certain circumstances; places additional requirements on attorneys, residential mortgage lenders, and courts, as part of foreclosure process.
Provides forbearance of residential mortgage foreclosures under certain circumstances; places additional requirements on attorneys, residential mortgage lenders, and courts, as part of foreclosure process.
Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.
Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.
Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.
Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.
Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.