State Codes and Statutes

Statutes > New-jersey > Title-46 > Section-46-21 > 46-21-3

46:21-3.  Recorded agreements for sale or purchase of real estate void as against subsequent judgment creditors, etc., unless sued on within specified times
    Every hereafter recorded agreement for the sale or purchase of real estate situate in this state shall be absolutely void as against subsequent judgment creditors of the vendor and as against subsequent purchasers and mortgagees for  value of such real estate, unless the vendee, his heirs, executors, administrators or assigns, shall commence an action for the specific performance of such agreement, or for its rescission, or for the violation of any of the covenants therein contained, and shall file a notice of the pendency  of such action in the office of the county recording officer of the county in  which the affected real estate is situate, setting forth the title of the cause  and the general object thereof, together with a description of the real estate  to be affected thereby, (a) within three months after the date fixed in such  agreement for its consummation, or (b) if no date shall be fixed in such  agreement for its consummation, within three months after the date of such  agreement, or (c) if the consummation of such agreement shall be extended by  the parties thereto, before the date fixed therein for its consummation, beyond  the date so fixed, and such extension shall be duly acknowledged and recorded  as agreements for the sale of land are required to be acknowledged and recorded  in order to give them the effect of notice to subsequent judgment creditors,  purchasers and mortgagees, within three months after the date fixed in such  extension for the consummation of such agreement, or (d) upon the death of the  vendor or vendors or one or more of them within any such periods of three  months, within three months after such death.

    If the plaintiff or complainant in any such action does not take steps to prosecute the same within six months after the filing of such notice, the chancellor or court in which such action is commenced may, upon application by any interested party, and upon notice to the plaintiff or his attorney or the complainant or his solicitor, declare the filing of such notice to be null and void and of no effect, and that the real estate mentioned in such notice shall be and remain discharged of all equities or claims founded on such agreement.