Provides for court dismissal, with prejudice, of civil actions for which lis pendens notices are filed under certain circumstances.
Impact
The enactment of S1178 would modify existing statutes, enhancing protections for property owners against unwarranted or protracted legal actions that may be tied up in court due to a plaintiff's inaction. It underscores a shift toward expediting civil matters, particularly those concerning property, thereby promoting a more efficient judicial process. This could lead to a reduction in backlog cases within the court system involving lis pendens notices and related civil suits.
Summary
Senate Bill 1178, introduced in the New Jersey Legislature, addresses the procedures surrounding civil actions related to notices of lis pendens. The bill allows defendants to petition for the dismissal of an action with prejudice if the plaintiff fails to prosecute the case diligently. Specifically, if a notice of lis pendens had been previously discharged for the plaintiff's failure to pursue the case and at least six months have passed without significant progress, the court may grant such dismissal. This aims to provide swift relief to property owners from meritless claims that burden real estate transactions.
Contention
Notably, the bill may provoke discussions regarding the balance of interests between property owners and plaintiffs. While supporters argue this provides a necessary tool to protect homeowners from baseless or stalled legal claims, opponents might express concern that it could diminish the rights of plaintiffs who may be facing genuine challenges in their legal processes. The definition of what constitutes 'diligent prosecution' and standards for judges in making dismissal decisions could also be points of contention as the bill progresses through the legislative 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.
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.