Robert A. Marsico
Partner
201-896-7165 rmarsico@sh-law.comNew Foreclosure Rules for Vacant Properties in NJ
Author: Robert A. Marsico|June 4, 2013
New Foreclosure Rules for Vacant Properties in NJ
It will now be easier for lenders to foreclose on abandoned properties in New Jersey. The changes are the result of new legislation and relaxed court rules.
Legislation signed into law in December, N.J.S.A. 2A:50-73, provides for a summary procedure for foreclosure of vacant or abandoned residential properties. It authorizes a court to deem a residential property “vacant and abandoned” if it finds that the property is not occupied by a mortgagor or tenant, and at least two of 15 specified property conditions exist. They include disconnected utilities, overgrown vegetation, boarded windows, and municipal code violations.
Late last month, the Supreme Court of New Jersey relaxed the provisions of Rule 4:64-1 to accommodate the summary proceedings. Under the new procedures, the lender must file a complaint setting out facts that demonstrate that the property is vacant and abandoned and certify the amount due. The lender must attempt service of the notice of summary proceedings at least twice. The attempts must be at least 72 hours apart and at varied times of day.
Where the court finds that a residential property is vacant and abandoned, a notice of motion for entry of judgment and the notice of tenants’ rights during foreclosure do not need to be served. In addition, the court may enter final judgment on the return date of the order to show cause or the order to proceed summarily so long as there are sufficient proofs of notice.
As highlighted by the NJ Supreme Court, the Civil Practice Division of the Administrative Office of the Courts has developed a set of model pleadings to initiate a summary mortgage foreclosure action for vacant and abandoned residential property or to convert a pending foreclosure action to a summary proceeding. The forms are not required but encouraged.
If you have any questions about the new foreclosure process or would like to discuss how your business may benefit, please contact me, Bob Marisco, or the Scarinci Hollenbeck attorney with whom you work.
New Foreclosure Rules for Vacant Properties in NJ
Author: Robert A. Marsico
It will now be easier for lenders to foreclose on abandoned properties in New Jersey. The changes are the result of new legislation and relaxed court rules.
Legislation signed into law in December, N.J.S.A. 2A:50-73, provides for a summary procedure for foreclosure of vacant or abandoned residential properties. It authorizes a court to deem a residential property “vacant and abandoned” if it finds that the property is not occupied by a mortgagor or tenant, and at least two of 15 specified property conditions exist. They include disconnected utilities, overgrown vegetation, boarded windows, and municipal code violations.
Late last month, the Supreme Court of New Jersey relaxed the provisions of Rule 4:64-1 to accommodate the summary proceedings. Under the new procedures, the lender must file a complaint setting out facts that demonstrate that the property is vacant and abandoned and certify the amount due. The lender must attempt service of the notice of summary proceedings at least twice. The attempts must be at least 72 hours apart and at varied times of day.
Where the court finds that a residential property is vacant and abandoned, a notice of motion for entry of judgment and the notice of tenants’ rights during foreclosure do not need to be served. In addition, the court may enter final judgment on the return date of the order to show cause or the order to proceed summarily so long as there are sufficient proofs of notice.
As highlighted by the NJ Supreme Court, the Civil Practice Division of the Administrative Office of the Courts has developed a set of model pleadings to initiate a summary mortgage foreclosure action for vacant and abandoned residential property or to convert a pending foreclosure action to a summary proceeding. The forms are not required but encouraged.
If you have any questions about the new foreclosure process or would like to discuss how your business may benefit, please contact me, Bob Marisco, or the Scarinci Hollenbeck attorney with whom you work.
