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2A:15-17 - Discharge of lis pendens when judgment is paid, satisfied or action settled or abandoned

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2A:15-17.  Discharge of lis pendens when judgment is paid, satisfied or action settled or abandoned    When a judgment made in an action, of the pendency of which notice has been  filed as herein provided, is paid, satisfied or performed, or the action has  been settled by the parties thereto or has been abandoned by plaintiff therein,  a statement of such payment, satisfaction, performance, settlement or  abandonment shall be entered by the county clerk or register of deeds and mortgages in whose office the notice has been filed, upon the receipt and filing by him of a warrant for that purpose, executed by the party who filed the notice, or his attorney, as warrants to satisfy judgments are required to be executed.    If the judgment has been paid, satisfied or performed or the action has been  settled or abandoned as aforesaid, but the party who filed the notice of lis  pendens fails to file the warrant stated, the court having jurisdiction of the  action may, upon being satisfied of the fact of such payment, satisfaction,  performance, settlement or abandonment and upon such notice as it may by its  order direct, order the real estate affected and described in the notice of lis  pendens to be discharged of all claims or equities set up in the complaint in  the action.    The county clerk or register of deeds and mortgages shall, upon the filing by him of the warrant mentioned in the first paragraph of this section or upon the filing by him of the original or a certified copy of the order mentioned in  the second paragraph of this section, note in the margin of the record of the  lis pendens notice the discharge thereof by the warrant or order.    Thereupon the real estate affected by the action and described in the notice  shall be discharged of all claims or equities set up in the complaint in the  action. L.1951 (1st SS), c.344. 
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  • 2A:15-17.  Discharge of lis pendens when judgment is paid, satisfied or action settled or abandoned
        When a judgment made in an action, of the pendency of which notice has been  filed as herein provided, is paid, satisfied or performed, or the action has  been settled by the parties thereto or has been abandoned by plaintiff therein,  a statement of such payment, satisfaction, performance, settlement or  abandonment shall be entered by the county clerk or register of deeds and mortgages in whose office the notice has been filed, upon the receipt and filing by him of a warrant for that purpose, executed by the party who filed the notice, or his attorney, as warrants to satisfy judgments are required to be executed.

        If the judgment has been paid, satisfied or performed or the action has been  settled or abandoned as aforesaid, but the party who filed the notice of lis  pendens fails to file the warrant stated, the court having jurisdiction of the  action may, upon being satisfied of the fact of such payment, satisfaction,  performance, settlement or abandonment and upon such notice as it may by its  order direct, order the real estate affected and described in the notice of lis  pendens to be discharged of all claims or equities set up in the complaint in  the action.

        The county clerk or register of deeds and mortgages shall, upon the filing by him of the warrant mentioned in the first paragraph of this section or upon the filing by him of the original or a certified copy of the order mentioned in  the second paragraph of this section, note in the margin of the record of the  lis pendens notice the discharge thereof by the warrant or order.

        Thereupon the real estate affected by the action and described in the notice  shall be discharged of all claims or equities set up in the complaint in the  action.
     
    L.1951 (1st SS), c.344.
     

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