New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2080

Introduced
2/7/22  

Caption

Concerns actions to foreclose right to redeem tax sale certificate under "tax sale law."

Impact

If enacted, A2080 will significantly alter existing state laws related to tax sale certificates and foreclosure proceedings. Under the current law, property owners risk losing not just their homes but also any equity they have built up when their property is subject to a tax lien. The bill clarifies that upon foreclosure, the former owner may receive proceeds from the sale after the tax lien holder and municipal liens are paid. This change aims to mitigate the financial fallout for homeowners and ensure that they are not entirely stripped of all equity during such proceedings, minimizing the risk of homelessness and financial hardship.

Summary

Assembly Bill A2080 aims to reform the process surrounding the foreclosure of tax sale certificates, specifically addressing the rights of property owners in the State of New Jersey. The bill seeks to establish protections for homeowners whose properties are subject to tax lien foreclosure, particularly for those who have used the property as their primary residence. It proposes that when a tax lien is foreclosed, the court will not simply grant ownership of the property to the tax lien holder. Instead, the court will prioritize an equitable allocation of funds generated from the sale of the property, thus preserving some financial returns for the original property owners.

Contention

Notably, A2080 has sparked concerns among various stakeholders. Supporters of the bill argue that it is a necessary legal framework to prevent unjust economic outcomes for property owners, particularly vulnerable seniors and families facing hardships. Conversely, critics may view the bill as reducing the rights and entitlements of tax lien holders. The balance between allowing municipalities to effectively collect tax debts while ensuring homeowners retain their rights remains a point of contention that could lead to lively debate in the legislature.

Companion Bills

NJ S3716

Same As Concerns actions to foreclose right to redeem tax sale certificate under "tax sale law."

Previously Filed As

NJ A1458

Protects equity accrued by property owner in tax sale foreclosure.

NJ S1425

Protects equity accrued by property owner in tax sale foreclosure.

NJ S2052

Revises tax lien foreclosure process to protect equity accrued by property owner in tax lien foreclosure.

NJ A3485

Revises tax lien foreclosure process to protect equity accrued by property owner in tax lien foreclosure.

NJ HB2107

Right to redeem; foreclosure; prohibition

NJ S1893

Concerns foreclosure of certain tax liens on real property.

NJ SB1778

Redemption Rights and Deeds in Lieu of Foreclosure:

NJ S3938

The "New Jersey Online Foreclosure Sale Act;" permits online foreclosure sales for real property.

NJ S1832

The "Vacant Property Revitalization and Affordable Housing Act"; establishes fund to revitalize certain real property and revises process for tax lien holder to foreclose the right of redemption; appropriates $50 million.

NJ LB458

Change provisions relating to tax sale certificates, real property sold for delinquent taxes, certain tax-related foreclosure actions, and land banks and adopt the Permitting Approval Timeliness Act and the By-Right Housing Development Act

Similar Bills

CA SB1352

Property taxation: newly constructed: reconstructed property.

CA AB245

Property taxation: application of base year value: disaster relief.

CA SB1053

Property taxation: transfer of base year value: disaster relief.

CA SB603

An act to amend Section 69 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

HI HB1398

Relating To Property.

HI HB1398

Relating To Property.

TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.