Bill Text: NJ A3892 | 2018-2019 | Regular Session | Amended
Bill Title: Requires that prior notice of tax sale be given to property owners.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-09-17 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A3892 Detail]
Download: New_Jersey-2018-A3892-Amended.html
Sponsored by:
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Requires that prior notice of tax sale be given to property owners.
CURRENT VERSION OF TEXT
As reported by the Assembly State and Local Government Committee on September 17, 2018, with amendments.
An Act concerning tax sale notice requirements and amending various sections of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.54:5-25 is amended to read as follows:
54:5-25. After completing the list or sections thereof the collector shall give public notice of the time and place of sale, stating the description of the several lots and parcels of land and the owner's name as contained in the list, together with the total amount due thereon respectively as computed to the date of tax sale and stating in substance that the respective lands will be sold to make the amounts severally chargeable against them on said date as computed in the list, together with interest to the date of sale, and the costs of sale. No other statements need be included in the notice, except that additional written notice shall be provided to the property owner pursuant to R.S.54:5-26 and R.S.54:5-27.
(cf: P.L.1991, c.75, s.45)
2. R.S.54:5-26 is amended to read as follows:
54:5-26. Copies of the notice of a tax sale shall be set up in five of the most public places in the municipality, and a copy of the notice shall be published in a newspaper circulating in the municipality, once in each of the four calendar weeks preceding the calendar week containing the day appointed for the sale. [In lieu of any two publications, notice] Written notice to the property owner and to any person or entity entitled to notice of foreclosure pursuant to section 20 of P.L.1948, c.96 (C.54:5-104.48) [may] shall be given by regular [or] and certified mail, return receipt requested, the costs of which shall be added to the cost of the sale in addition to those provided in R.S.54:5-38, not to exceed $25 for each notice for a particular property.
For the purposes of notice in connection with a special tax sale for eligible properties which are on an abandoned property list established by the municipality pursuant to section 36 of P.L.1996, c.62 (C.55:19-55), a single advertisement published in a newspaper circulating in the municipality no less than four and no more than six weeks prior to the sale, along with notice to the property owner and any person or entity entitled to notice of foreclosure pursuant to section 20 of P.L.1948, c.96 (C.54:5-104.48), shall constitute sufficient notice of sale on the part of the municipality.
Failure [of the property owner to receive a notice of a tax sale properly mailed by the tax collector shall not] to mail the notice to the property owner, or to any person or entity entitled to notice of foreclosure pursuant to section 20 of P.L.1948, c.96 (C.54:5-104.48) shall constitute grounds to void the subsequent tax sale. If ordinances of the municipality are required to be published in any special newspaper or newspapers, the notice shall be published therein.
(cf: P.L.2009, c.320, s.4)
3. R.S.54:5-27 is amended to read as follows:
154:5-27.1 When the owner's name appears in the list and his post-office address is known, the collector shall mail to him at that address, postage prepaid, a copy of the notice.
The property owner and any person or entity entitled to notice of foreclosure pursuant to section 20 of P.L.1948, c.96 (C.54:5-104.48) shall also be given additional written notice explaining that the failure to redeem the tax sale certificate after the date of sale may result in foreclosure of the property. The notice shall be provided on a separate document, attached with a postage prepaid and pre-addressed return card, which the person may sign and return by mail to indicate his understanding of the matter. The costs associated with the additional written notice shall be added to the cost of the sale in addition to those provided in R.S.54:5-38, not to exceed $25 for each notice for a particular property. The document shall be substantially in the following form:
NOTICE OF TAX SALE DUE TO DELIQUENT PAYMENT
In accordance with the "Tax Sale Law" (R.S.54:5-1 et seq.), notice is hereby given that:
1. A tax sale is scheduled to occur on (insert date of sale) at (insert place of sale) on the property located at (insert address of property), owned by (insert name of property owner), due to unpaid taxes and municipal liens totaling (insert amount owed in delinquent payments).
1[2.] 2.1 The purchaser of the tax sale certificate may initiate foreclosure proceedings against the property located at (insert address of property) if the tax sale certificate is not redeemed within the following terms:
a. When the municipality, the authority, or its subsidiaries is the purchaser of the tax sale certificate, foreclosure proceedings may be initiated 1[within] no earlier than1 six months 1[of] after1 the date of sale;
b. When a person other than the municipality is the purchaser of the tax sale certificate, foreclosure proceedings may be initiated 1[within] no earlier than1 two years 1[of] after1 the date of sale; and
c. When the property is determined to be abandoned pursuant to P.L.2003, c.210 (C.55:19-78 et al.), foreclosure proceedings may be initiated immediately after the date of sale if the purchaser of the tax sale certificate is the municipality, or 1[within] no earlier than1 six months 1[of] after1 the date of sale if the purchaser is a person other than the municipality.
3. The tax sale certificate may be redeemed by paying the required amount due, which shall be set at the tax sale and include delinquent payments, penalty fees, and interest, to (insert the office or individual responsible for payment collection) prior to the conclusion of foreclosure proceeding.
VERIFICATION OF UNDERSTANDING
I, (insert name of property owner), understand that the failure to redeem the tax sale certification, which shall be sold on (insert date of sale) at (insert place of sale), within the terms set forth by law may cause my property, located at (insert property address), to be foreclosed upon the initiation of foreclosure proceedings by the purchaser of the tax sale certificate.
Name of Property Owner: ______________
Date:_______________________________
Signature:___________________________
Failure to mail the notice shall [not] invalidate any proceeding hereunder; however, failure of the property owner to sign and return the attached document shall not invalidate any proceeding.
(cf: R.S.54:5-27)
4. This act shall take effect on the first day of the third month next following the date of enactment.
