Don't you need an FD complaint bfore you can make an FD motion?
Maybe I'm over-thinking this... it's been known to happen.
More info needed. Was the home purchased in anticipation of marriage? Have they been cohabiting in it? Are they continuing to cohabit in it? Is the engagement still on (doubtful)? It may be a matter for a different Division.
The only thing that I am certain of, given the facts you've shared, is that you need a ending matter to file a lis pendens. You don't get to say "Docket No. TBA." Just kidding.
Once you do, be careful not to cause a slander of title.
Once you decide where and what sort of initial pleading to file, you might consider filing complaint with an Order to Show Cause, if you believe that the threat of this transfer is imminent. Good luck.
If the engagement is off, did she return the ring?
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585
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Original Message:
Sent: 07-24-2013 17:00
From: Eric Hannum
Subject: lis pendens ?
Hello list mates,
Client and his fiancé purchased a home three years ago. Client used $85,000 of personal savings/pension loan as a down payment but fiancé was listed on mortgage and deed due to his poor credit score. Client also paid, from his checking account, all costs related to repairs and mortgage payments and I have all proofs regarding the payments and where they came from. I need to file a lis pendens quickly since he believes that the fiancé is going to transfer the property to one of her relatives. Can the lis pendens be filed prior to the FD motion regarding the home, the child they share together and the 13,000 engagement ring or do they have to be filed simultaneously. Any suggestions would be greatly appreciated. TIA
Eric
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Eric Hannum Esq.
Jackson NJ
(732)370-9596
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