New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5628

Introduced
6/20/23  

Caption

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

Impact

The A5628 bill amends existing foreclosure procedures under New Jersey law, particularly Title 2A, by outlining how electronic sales must be conducted. It authorizes the sheriff or designated officers to enter into contracts with vendors for online auction services, which can include varying fees and service requirements tailored to each county. Additionally, the bill aims to enhance transparency by requiring that all bids during the auction be publicly visible online in real time, while maintaining the traditional timeframe and notice requirements of the foreclosure process.

Summary

Assembly Bill A5628, known as the 'New Jersey Online Foreclosure Sale Act,' introduces provisions for permitting online foreclosure sales of real property. The bill aims to modernize the process by allowing sheriffs and other authorized individuals to conduct foreclosure sales electronically, thereby making them more accessible and potentially more competitive. By allowing an online forum for these sales, it seeks to attract a wider range of bidders and, as a result, may also lead to higher selling prices, benefiting both creditors and debtors in the state of New Jersey.

Contention

While the bill has been generally well-received for its modernization efforts, there are concerns regarding the accessibility of online sales to all potential bidders. Critics may argue that not all individuals have equal access to the necessary technology or the internet, potentially disenfranchising some interested parties. Furthermore, there are implications for how these online auctions may change the dynamics of bidding, and the ability of local authorities to manage these processes without additional oversight raises questions about accountability and fairness in the sale of foreclosed properties.

Companion Bills

NJ S3945

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

Previously Filed As

NJ S3938

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

NJ A2777

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

OH SB135

Regards real property foreclosures and estate sales

OH HB458

Regards real property foreclosures

MN HF4542

Mortgage foreclosure process modified to allow for online sales and private selling officers.

MN SF4747

Mortgage foreclosure process modification to allow for online sales and private selling officers

GA HB948

Property; debtors in foreclosures to receive certain information and forms in a notice of foreclosure; provide

HI HB1992

Relating To Foreclosures.

HI SB2783

Relating To Foreclosures.

HI HB1775

Relating To Foreclosures.

Similar Bills

NJ S4331

Authorizes HMFA to make certain reimbursements to support pre-purchase homebuyer counseling under Foreclosure Mediation Assistance Program.

WA SB5938

Concerning the foreclosure prevention fee.

NJ S1451

Enhances access to certain foreclosure counseling services.

NJ A433

Enhances access to certain foreclosure counseling services.

MA H1730

Establishing a foreclosure review division

MA S1140

Establishing a foreclosure review division

NJ A4289

Provides defendant option to disclose disability status in foreclosure proceedings.

WA SB5686

Expanding and funding the foreclosure mediation program.