Bill Text: NJ A4412 | 2018-2019 | Regular Session | Amended

New Jersey Assembly Bill 4412 (Prior Session Legislation)

Bill Title: Creates "Community Wealth Preservation Program"; expands access for certain buyers to purchase property from sheriffs's sales.*

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2019-06-17 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A4412 Detail]

Download: New_Jersey-2018-A4412-Amended.html

[First Reprint]

ASSEMBLY, No. 4412

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED SEPTEMBER 13, 2018

Sponsored by:

Assemblywoman BRITNEE N. TIMBERLAKE

District 34 (Essex and Passaic)

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblymen Caputo, Giblin, Assemblywomen Sumter, McKnight and Assemblyman Wimberly

SYNOPSIS

Creates "Community Wealth Preservation Program"; expands access for certain buyers to purchase property from sheriff's sales.

CURRENT VERSION OF TEXT

As reported by the Assembly Housing and Community Development Committee on June 17, 2019, with amendments.

An Act concerning the procedures for sheriff's sales ¹, designated as the "Community Wealth Preservation Program,"¹ and amending ¹and supplementing¹P.L.1995, c.244 ¹, and amending N.J.S.22A:4-8¹.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 12 of P.L.1995, c.244 (C.2A:50-64) is amended to read as follows:

12. a. With respect to the sale of a mortgaged premises under foreclosure action, each sheriff in this State shall provide for, but not be limited to, the following uniform procedures:

(1) Bidding in the name of the assignee of the foreclosing plaintiff.

(2) That adjournment of the sale of the foreclosed property shall be in accordance with N.J.S.2A:17-36.

(3) (a) The sheriff shall ¹[schedule] conduct¹ a sale ¹[date]¹ within ¹[120] 150¹ days of the sheriff's receipt of any writ of execution issued by the court in any foreclosure proceeding.

(b) If it becomes apparent that the sheriff cannot comply with the provisions of subparagraph (a) of this paragraph (3), the foreclosing plaintiff may apply to the office for an order appointing a Special Master to hold the foreclosure sale.

(c) Upon the foreclosing plaintiff making such application to the office, the office shall issue the appropriate order appointing a Special Master to hold the foreclosure sale. ¹The office may issue the order to appoint a Special Master to hold foreclosure sales for one or more properties within a vicinage.¹

(4) [That] Except as otherwise provided in this paragraph with respect to ¹the purchase of¹residential property ¹for which there is a 72 month occupancy requirement¹, that the successful bidder at the sheriff's sale shall pay a 20 percent deposit in either cash or by a certified or cashier's check, made payable to the sheriff of the county in which the sale is conducted, immediately upon the conclusion of the foreclosure sale. In the case of residential property ¹in which the bidder shall occupy the property as the bidder's primary residence for a period of at least 72 months¹, the successful bidder ¹who has fulfilled the requirements set forth in subsection g. of this section¹ shall pay a 3.5 percent deposit in either cash or by certified or cashier's check, made payable to the sheriff of the county in which the sale is conducted, immediately upon the conclusion of the foreclosure sale. If the successful bidder cannot satisfy this requirement, the bidder shall be in default and the sheriff shall immediately void the sale and proceed further with the resale of the premises without the necessity of adjourning the sale, without renotification of any party to the foreclosure and without the republication of any sales notice. Upon such resale, the defaulting bidder shall be liable to the foreclosing plaintiff for any additional costs incurred by such default including, but not limited to, any difference between the amount bid by the defaulting bidder and the amount generated for the foreclosing plaintiff at the resale. In the event the plaintiff is the successful bidder at the resale, the plaintiff shall provide a credit for the fair market value of the property foreclosed.

(5) It is permissible, upon consent of the sheriff conducting the sheriff's sale, that it shall not be necessary for an attorney or representative of the person who initiated the foreclosure to be present physically at the sheriff's sale to make a bid. A letter containing bidding instructions may be sent to the sheriff in lieu of an appearance.

(6) That each sheriff's office shall use ¹, and the plaintiff's attorney shall prepare and submit to the sheriff's office,¹ a deed which shall be in substantially the following form:

THIS INDENTURE,

made this ..................... (date) day of ..................... (month), ........... (year). Between ................................ (name), Sheriff of the County of ................. (name) in the State of New Jersey, party of the first part and .................................................... (name(s)) party of the second part, witnesseth.

WHEREAS, on the ...................... (date) day of ......................... (month), ....... (year), a certain Writ of Execution was issued out of the Superior Court of New Jersey, Chancery Division- .................... (name) County, Docket No. directed and delivered to the Sheriff of the said County of .................. (name) and which said Writ is in the words or to the effect following that is to say:

THE STATE OF NEW JERSEY to the Sheriff of the County of .................. (name),

Greeting:

WHEREAS, on the ................. (date) day of ............. (month), ............... (year), by a certain judgment made in our Superior Court of New Jersey, in a certain cause therein pending, wherein the PLAINTIFF is:

...................................................................

and the following named parties are the DEFENDANTS:

...................................................................

IT WAS ORDERED AND ADJUDGED that certain mortgaged premises, with the appurtenances in the Complaint, and Amendment to Complaint, if any, in the said cause particularly set forth and described, that is to say: The mortgaged premises are described as set forth upon the RIDER ANNEXED HERETO AND MADE A PART HEREOF.

BEING KNOWN AS Tax Lot ........ (number) in Block ......... (number) COMMONLY KNOWN AS (street address) ....................... .

TOGETHER, with all and singular the rights, liberties, privileges, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, use, property, claim and demand of the said defendants of, in, to and out of the same, to be sold, to pay and satisfy in the first place unto the plaintiff,

...................................................................

the sum of $ ......... (amount) being the principal, interest and advances secured by a certain mortgage dated ............... (date, month, year) and given by ........................ (name) together with lawful interest from

...................................................................

until the same be paid and satisfied and also the costs of the aforesaid plaintiff with interest thereon.

AND for that purpose a Writ of Execution should issue, directed to the Sheriff of the County of .............. (name) commanding him to make sale as aforesaid; and that the surplus money arising from such sale, if any there be, should be brought into our said Court, as by the judgment remaining as of record in our said Superior Court of New Jersey, at Trenton, doth and more fully appear; and whereas, the costs and Attorney's fees of the said plaintiff have been duly taxed at the following sum: $ ............. (amount)

THEREFORE, you are hereby commanded that you cause to be made of the premises aforesaid, by selling so much of the same as may be needful and necessary for the purpose, the said sum of $......... (amount) and the same you do pay to the said plaintiff together with contract and lawful interest thereon as aforesaid, and the sum aforesaid of costs with interest thereon.

And that you have the surplus money, if any there be, before our said Superior Court of New Jersey, aforesaid at Trenton, within 30 days after pursuant to R.4:59-1(a), to abide the further Order of the said Court, according to judgment aforesaid, and you are to make return at the time and place aforesaid, by certificate under your hand, of the manner in which you have executed this our Writ, together with this Writ, and if no sale, this Writ shall be returnable within ¹[12] 24¹months.

WITNESS, the Honorable ........... (name), Judge of the Superior Court at Trenton, aforesaid, the ........... (date) day of ............. (month), ...... (year).

/s/ ........... (Clerk)

Superior Court of New Jersey

/s/.............................

Attorney for Plaintiff

As by the record of said Writ of Execution in the Office of the Superior Court of New Jersey, at Trenton, in Book ............ (number) of Executions, Page ........ (number) etc., may more fully appear.

AND WHEREAS I, the said .......................... (name), as such Sheriff as aforesaid did in due form of law, before making such sale give notice of the time and place of such sale by public advertisement signed by myself, and set up in my office in the .......................... (name) Building in .................. (name) County, being the County in which said real estate is situate and also set up at the premises to be sold at least three weeks next before the time appointed for such sale.

I also caused such notice to be published four times in two newspapers designated by me and printed and published in the said County, the County wherein the real estate sold is situate, the same being designated for the publication by the Laws of this State, and circulating in the neighborhood of said real estate, at least once a week during four consecutive calendar weeks. One of such newspapers, ......................... (name of newspaper) is a newspaper with circulation in ................. (name of town), the County seat of said ................. (name) County. The first publication was at least twenty-one days prior and the last publication not more than eight days prior to the time appointed for the sale of such real estate, and by virtue of the said Writ of Execution, I did offer for sale said land and premises at public vendue at the County ................ (name) Building in ...................... (name of town) on the ............... (date) day of ........................, .... (month) (year) at the hour of ............. (time) in the ......... (a.m. or p.m.).

WHEREUPON the said party of the second part bidding therefore for the same, the sum of $................ (amount) and no other person bidding as much I did then and there openly and publicly in due form of law between the hours of ............... (time) and ................ (time) in the ........ (a.m. or p.m.), strike off and sell tracts or parcels of land and premises for the sum of $ ................ (amount) to the said party of the second part being then and there the highest bidder for same. And on the ............ (date) of ................. (month) in the year last aforesaid I did truly report the said sale to the Superior Court of New Jersey, Chancery Division and no objection to the said sale having been made, and by Assignment of Bid filed with the Sheriff of .................. (name) County said bidder assigned its bid to:

...................................................................

NOW, THEREFORE, This Indenture witnesseth, that I, the said .................. (name), as such Sheriff as aforesaid under and by the virtue of the said Writ of Execution and in execution of the power and trust in me reposed and also for and in consideration of the said sum of $ ............... (amount) therefrom acquit, exonerate and forever discharge to the said party of the second part, its successors and assigns, all and singular the said tract or parcel of lands and premises, with the appurtenances, privileges, and hereditaments thereunto belonging or in any way appertaining; to have and hold the same, unto the said party of the second part, its successors and assigns to its and their only proper use, benefit, and behoof forever, in as full, ample and beneficial manner as by virtue of said Writ of Execution I may, can or ought to convey the same.

And, I, the said ................ (name), do hereby covenant, promise and agree, to and with the said party of the second part, its successors and assigns, that I have not, as such Sheriff as aforesaid, done or caused, suffered or procured to be done any act, matter or thing whereby the said premises, or any part thereof, with the appurtenances, are or may be charged or encumbered in estate, title or otherwise.

IN WITNESS WHEREOF, I the said ..................... (name) as such Sheriff as aforesaid, have hereunto set my hand and seal the day and year aforesaid.

Signed, sealed and delivered

in the presence of

.................................. ..............................

Attorney at Law of New Jersey ...........(name) Sheriff

STATE OF NEW JERSEY) SS.

.......(county )

I, ............... (name), Sheriff, of the County of ............... (name), do solemnly swear that the real estate described in this deed made to

...................................................................

was by me sold by virtue of a good and subsisting execution (or as the case may be) as is therein recited, that the money ordered to be made has not been to my knowledge or belief paid or satisfied, that the time and place of the same of said real estate were by me duly advertised as required by law, and that the same was cried off and sold to a bona fide purchaser for the best price that could be obtained and the true consideration for this conveyance as set forth in the deed is $ ........................ (amount).

..................................

......... (name), Sheriff

Sworn before me, ................. (name), on this .......... (date) day of .................. (month), ......... (year), and I having examined the deed above mentioned do approve the same and order it to be recorded as a good and sufficient conveyance of the real estate therein described.

STATE OF NEW JERSEY) ss. ........................

.......... (Name) County) Attorney or Notary Public

On this ................... (date) day of ................. (month), ........ (year), before me, the subscriber, ........................ (name) personally appeared ...................... (name), Sheriff of the County of ................ (name) aforesaid, who is, I am satisfied, the grantor in the within Indenture named, and I having first made known to him the contents thereof, he did thereupon acknowledge that he signed, sealed and delivered the same on his voluntary act and deed, for the uses and purposes therein expressed.

.............................

Attorney or Notary Public

b. At the conclusion of the sheriff's sale, the attorney for the plaintiff ¹[may] shall¹ prepare and deliver to the sheriff a deed ¹which shall be¹ in the form provided pursuant to paragraph ¹[(5)] (6)¹ of subsection a. of this section for the sheriff's execution and the deed shall be delivered to the sheriff within 10 days of the date of the sale. The sheriff shall be entitled to the authorized fee, as a review fee, even if the plaintiff's attorney prepares the deed.

c. (1) The sheriff's office shall, within two weeks of the date of the sale, deliver a fully executed deed to the successful bidder at the sale provided that the bidder pays the balance of the monies due to the Sheriff by either cash or certified or cashier's check. In the event a bid is satisfied after the expiration and additional interest is collected from the successful bidder, the sheriff shall remit to the plaintiff the total amount, less any fees, costs and commissions due the sheriff, along with the additional interest.

(2) In the case of residential property ¹in which the bidder shall occupy the property as the bidder's primary residence for a period of at least 72 months¹, no interest shall accrue on the balance of the sale of the property until 60 ¹business¹ days have passed following the date of the sale, and thereafter, the successful bidder shall have 30 ¹business¹ days to fulfill the balance. If the successful bidder fails to fulfill the balance within this 90 ¹business¹ day period, the bidder shall forfeit the deposit on the property and shall be responsible for the payment of accrued interest and any fees or penalties incurred as a result of the sale being void.

d. ¹[The sheriff's office shall, prior] Prior¹ to completion of a sale of residential property, ¹[require that]¹ the foreclosing plaintiff ¹shall¹ disclose whether the property is vacant, tenant-occupied, or owner-occupied. If the property is vacant, the ¹[sheriff's office] financial institution¹ shall provide the successful bidder access to the property.

e. A bidder¹, including, but not limited to, next of kin of the foreclosed upon defendant,¹ may purchase residential property at a sheriff's sale by way of financing if the bidder provides documentation that the bidder has been pre-approved by a financial institution on the New Jersey Housing and Mortgage Finance Agency's participating lender list for financing the property. ¹The agency shall mail its participating lender list to the sheriff's office of each county on an annual basis and at any time there is an update to the list.¹

(1) A bidder who intends to finance the purchase of residential property at a sale shall be:

(a) limited to submitting bids no higher than the amount for which the bidder has been pre-approved for financing; and

(b) required to present current and valid photo identification that substantially conforms to the name and information contained on the financing pre-approval forms obtained by the bidder.

(2) A bidder purchasing residential property in a sheriff's sale pursuant to this subsection shall be required by the financial institution to occupy the property as the bidder's primary residence for a fixed term, of at least ¹[48] 72¹ months ¹[and not to exceed 72 months]¹ after taking possession. ¹The deed for the property shall clearly state that the property may not be sold for 72 months from the date of the sheriff's sale.¹

(3) A successful bidder who finances the purchase and does not occupy the residence for a period of at least ¹[48] 72¹ months shall be assessed a fine ¹[of a minimum of]by a court of competent jurisdiction up to¹ $100,000 ¹[and up to $500,000]¹ for the first violation, and $500,000 thereafter for each subsequent violation. These penalties shall not be assessed against a bidder who finances the purchase in good faith and is thereafter required to vacate the property prior to residing in the property for ¹[48] 72¹ months due to ¹[necessity, including but not limited to] death¹, military deployment¹,¹ or foreclosure. ¹In the event of the death of a successful bidder, the property may be transferred to another owner in accordance with applicable laws governing estate, inheritance, and probate matters.¹

f. ¹[In the case of residential property, to be a successful bidder who is not the plaintiff, and who intends to occupy the property, and finance the purchase of the property, the bidder shall have received eight hours of homebuyer education and counseling through a program provided by the United States Department of Housing and Urban Development (HUD), and shall present certification of completion of that program at the time of purchase.]In the case of a residential property that is financed pursuant to subsection e. of this section, the sheriff's office shall oversee the occupancy of the property, which may include the mailing of a questionnaire to the successful bidder within 72months following the sale, requiring the bidder to respond to questions and submit documentation evidencing the bidder's continued residence at the property. If the agency determines based upon its oversight that there has been an occupancy violation, the agency shall bring an action in a court of competent jurisdiction so that the sheriff's office can pursue enforcement of penalties for the violation.¹

g. ¹[In the case of a residential property that is financed pursuant to subsection e. of this section, the sheriff's office shall mail a questionnaire to the successful bidder 48 months following the sale, which shall require the bidder to respond to questions and submit documentation evidencing the bidder's continued residence at the property.] In the case of residential property, to be a successful bidder who is not the plaintiff, and who intends to occupy the property, and finance the purchase of the property, the bidder shall have received eight hours of homebuyer education and counseling through a program provided by the United States Department of Housing and Urban Development (HUD), and shall present certification of completion of that program at the time of purchase.¹

h. ¹As provided by the New Jersey Housing and Mortgage Finance Agency, each sheriff's office shall maintain information, written in plain language, regarding the program to finance the purchase of residential property in a foreclosure sale in accordance with this section on its Internet website in a manner that is accessible to the public. Additionally, as provided by the New Jersey Housing and Mortgage Finance Agency, each sheriff's office shall display information, written in plain language, regarding the program in its office in a manner that is conspicuous to the public. For any county in which the primary language of 10 percent or more of the residents is a language other than English, the sheriff's office shall provide the information required by this subsection in that other language or languages in addition to English. The alternate language shall be determined based on information from the latest federal decennial census.

i.¹ Any penalty imposed pursuant to this section may be recovered with costs in a summary proceeding commenced by the ¹[New Jersey Housing and Mortgage Finance Agency in the Department of Community Affairs] appropriate sheriff's office¹ pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). ¹[Fifty] 50¹ percent of any monies collected pursuant to this section shall be forwarded to the ¹municipality in which the foreclosed upon property is located to be deposited in the affordable housing trust fund of the municipality for use on low income housing or moderate income housing needs as defined in section 4. of P.L.1985, c.222 (C.52:27D-304), to the extent the municipality maintains such a fund, and if the municipality does not maintain such a fund, to the¹ State Treasurer, and shall annually be appropriated to the "New Jersey Affordable Housing Trust Fund," ¹section 20 of¹ P.L.1985, c.222 (C.52:27D-320) for the purpose of developing and supporting housing programs that create for-sale ¹and rental¹ affordable housing for the workforce. The remaining 50 percent of any monies collected pursuant to this section shall provide for administrative and enforcement costs, including costs incurred by the sheriff's office, necessary to effectuate the purposes of this section.

¹[i.] j. If, prior to the close of business on the banking day before a sheriff's sale is scheduled to occur, the foreclosed upon defendant or the next of kin of the foreclosed upon defendant has secured financing or assets sufficient to meet terms offered by the foreclosing plaintiff or an alternative financial institution to purchase the property, the foreclosed upon defendant or the next of kin of the foreclosed upon defendant shall have the right of first refusal to purchase the property in the amount approved for the opening bid of the sheriff's sale.¹

k.¹ As used in this section:

"Residential property" means real property located in this State in which people reside or dwell as their primary residence as distinguished from property which is used for investment, commercial, or business purposes.

(cf: P.L.2019, c.71, s.1)

¹2. N.J.S.22A:4-8 is amended to read as follows:

22A:4-8. For the services hereinafter enumerated sheriffs and other officers shall receive the following fees:

In addition to the mileage allowed by law, for serving every summons and complaint, attachment or any mesne process issuing out of the Superior Court, the sheriff or other officer serving such process shall, for the first defendant or party on whom such process is served, be allowed $22.00 and, for service on the second defendant named therein, $20.00, and for serving such process on any other defendant or defendants named therein, $16.00 each, and no more. If a man and his wife be named in such process they shall be considered as one defendant, except where they are living separate and apart.

Serving summons and complaint in matrimonial actions, in addition to mileage, $22.00.

Serving capias ad respondendum, capias ad satisfaciendum, warrant of commitment, writ of ne exeat, in addition to mileage, $48.00.

Serving order to summon juries and return, $8.00.

Serving every execution against goods or lands and making an inventory and return, in addition to mileage, $48.00.

For returning every writ, $2.00.

Executing every writ of possession and return, in addition to mileage, $48.00.

Executing every writ of attachment, sequestration or replevin issuing out of any of the courts, in addition to mileage, $48.00.

For serving each out-of-State paper, in addition to the mileage allowed by law, $25.00 for the first defendant on whom such paper is served, $20.00 for service on the second defendant named therein, and $16.00 for serving such paper on any other defendant or defendants named therein. If a man and wife be named in such paper, they shall be considered as one defendant, except where they are living separate and apart.

For serving or executing any process or papers where mileage is allowed by law, the officer shall receive mileage actually traveled to and from the courthouse, at the rate per mile of $0.16.

The sheriff shall be entitled to retain out of all moneys collected or received by him on a forfeited recognizance, whether before or after execution, or from amercements, or from fines and costs on conviction, on indictment or otherwise, whether such moneys are payable to the State or to the county treasurer of the county wherein conviction was had, [5%] five percent.

For transporting each offender to the State Prison, per mile, but not less than $3.00 for each offender, to be certified by the keeper of the prison and the certificate to be delivered to the county treasurer of the county where the conviction was had, $0.23.

EXECUTION SALES

[When] Except as to sales conducted in accordance with section 12 of P.L.1995, c.244 (C.2A:50-64), when a sale is made by virtue of an execution the sheriff shall be entitled to charge the following fees: On all sums not exceeding $5,000.00, [6%] 10 percent; on all sums exceeding $5,000.00 on such excess, [4%] five percent; the minimum fee to be charged for a sale by virtue of an execution, [$50.00] $750.00. When sales are conducted in accordance with section 12 of P.L.1995, c.244 (C.2A:50-64), the sheriff shall be entitled to charge the following fees: On all sums not exceeding $5,000.00, six percent; on all sums exceeding $5,000.00 on such excess, four percent; the minimum fee to be charged for a sale by virtue of an execution, $50.00.

On an execution against wages, commissions and salaries, the sheriff shall charge the same percentage fees on all sums collected as those percentage fees applicable in cases wherein an execution sale is consummated.

When the execution is settled without actual sale and such settlement is made manifest to the officer, the officer shall receive [1/2] one-half of the amount of percentage allowed herein in case of sale.

Making statement of execution, sales and execution fees, $10.00.

Advertising the property for sale, provided the sheriff or deputy sheriff attend in pursuance of the advertisement, $20.00.

Posting property for sale, $20.00.

For the crier of the vendue, when the sheriff proceeds to sell, for every day he shall be actually employed in such sale, $5.00.

Every adjournment of a sale, but no more than one adjournment shall be allowed, and if the sheriff shall have several executions against a defendant, he shall only be allowed for advertising, attending and adjourning, as if he had but one execution, $28.00.

Drawing and making a deed to a purchaser of real property, $75.00.

Drawing and making a bill of sale to the purchaser of personal property when such bill of sale is required or demanded, $20.00.

When more than one execution shall be issued out of the Superior Court upon any judgment, each sheriff to whom such execution shall be directed and delivered shall be entitled to collect and receive from the defendant named in such execution the fees allowed by law for making a levy and return and statement thereon, or for such other services as may be actually performed by him, and the sheriff who shall collect the amount named in said execution or any part thereof, shall be entitled to the legal percentage upon whatever amount may be so collected by him, but in case any such judgment shall be settled between the parties and the amount due thereon shall not be collected by either sheriff, then the percentage on the amount collected which would be due the sheriff thereon in case only one execution had been issued shall be equally divided among the several sheriffs in whose hands an execution in the same cause may have been placed.

The sheriff shall file his taxed bill of costs with the clerk of the court out of which execution issued, within such time as the court shall direct by general rule or special order, or, in default thereof, he shall not be entitled to any costs. If any sheriff shall charge in such bill of costs for services not done, or allowed by law, or shall take any greater fee or reward for any services by him done than is or shall be allowed by law, he shall be liable for the damages sustained by the party aggrieved including a penalty of $30.00, to be recovered in a summary manner, in the action or proceeding wherein the execution was issued or otherwise.¹

(cf: P.L.2001, c.370, s.5)

¹3. (New section) a. In situations in which a creditor has instituted a foreclosure proceeding pursuant to the "Fair Foreclosure Act," P.L.1995, c.244 (C.2A:50-53 et seq.) and a creditor employs an agent to be responsible for the care, maintenance, security, and upkeep of the property if it becomes vacant and abandoned, the creditor and agent who peacefully enters the property and exercises reasonable care in doing so, shall be immune from liability, before and after the bid, for any damage to the property or any person entering the property.

b. Persons bidding on the property shall not enter the property prior to the time of sale of the property to the successful bidder.¹

¹[2.] 4.¹ This act shall take effect immediately.