QUESTION
Do I have a chance of filing Lis Pendens?
Asked on Nov 20th, 2021 on Real Estate - New Jersey
More details to this question:
We were in home purchase contract but could not obtain our mortgage. We tried to cancel the contract based on mortgage contingency but the seller refuses to give back the deposit money. If we file a law suite against the seller, can we also file Lis Pendens to prevent the seller from selling the property until our matter is resolved?
1 ANSWER
Creditor/Debtor’s Rights Attorney serving Englewood, NJ
Partner at
Norgaard, O'Boyle & Hannon
3 Awards
Ypou can only file a Lie Pendens if the claim relates to the title to the proeprty. You cannot file a LP for monetary damages only. You could file a LP if you wanted to close on the sale and filed an action for specific performance..
Answered on Nov 22nd, 2021 at 8:29 AM