Provides for court dismissal, with prejudice, of civil actions for which lis pendens notices are filed under certain circumstances.
Impact
The bill, if enacted, will specifically affect the way courts handle civil actions related to real estate in New Jersey. It offers a mechanism that prioritizes the timely resolution of cases by allowing defendants to seek dismissal based on the plaintiff's inaction, thus potentially reducing the backlog of unresolved cases that can be particularly detrimental in real estate disputes. This change seeks to ensure that property owners are not indefinitely held under the threat of inactive legal claims against their properties, thereby promoting property rights and legal clarity in these matters.
Summary
Assembly Bill A783 introduces amendments to N.J.S.2A:15-10 concerning civil actions involving notices of lis pendens. The bill enables defendants to seek dismissal, with prejudice, of actions where plaintiffs fail to diligently prosecute their case after a lis pendens has been discharged for at least six months. The intent behind this legislation is to protect property owners from ongoing meritless claims that can burden them and create uncertainty regarding their property rights. By allowing for expedited dismissal of such claims, the bill aims to clarify and simplify the legal landscape concerning real estate litigation.
Contention
While the bill is chiefly designed to streamline legal processes for property owners, there are potential points of contention that may arise during legislative discussions. Critics may argue that such a dismissal mechanism could be misused to undermine legitimate claims or create barriers for plaintiffs who may need additional time to gather evidence or secure representation. This balance between protecting property owners from frivolous claims and ensuring fair access to justice for plaintiffs represents a key area of debate that will need to be navigated 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.