New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S4048

Introduced
6/27/23  

Caption

Requires premium payment made to municipality by purchaser of tax lien to be paid to property owner under certain circumstances.

Impact

The amendments introduced by S4048 will significantly modify the administrative processes surrounding tax lien sales. A key change mandates that within one year of a final foreclosure judgment, any premium payment must be deposited with the court and can be claimed by the former property owner—thereby providing them with an avenue to recoup their losses. Furthermore, the bill establishes that, if a property is sold at a sheriff's sale to a third party within five years from the date of the original sale, the premium should be refunded to the lienholder, which could influence purchasing decisions in tax lien markets.

Summary

Senate Bill 4048, introduced in New Jersey, addresses the issue of premium payments made by purchasers of tax liens. The bill revises current laws to dictate how these payments should be handled, particularly in the case of foreclosure. Traditionally, premium payments were held by the municipal tax collector, with stipulations on returns based on redemption status. The proposed changes aim to enhance the rights of property owners by ensuring that premium payments are not permanently lost but instead can be claimed under specific conditions after a foreclosure judgement is entered.

Contention

While S4048 aims to protect property owners, the changes may also lead to points of contention among municipal officials and tax lien purchasers. Critics could argue that this legislation unfairly burdens municipalities by altering traditional revenue paths for foreclosure situations, potentially jeopardizing their financial stability. Conversely, proponents maintain that it fosters fairness and accountability to the property owners caught in foreclosures, ensuring they have access to funds that would otherwise be retained by municipalities after tax lien sales.

Companion Bills

NJ A5542

Same As Requires premium payment made to municipality by purchaser of tax lien to be paid to property owner under certain circumstances.

Previously Filed As

NJ A1117

Clarifies notice required to be provided to property taxpayers of change in interest rate on delinquent property taxes under certain emergency circumstances; permits municipality to extend grace period under certain emergency circumstances.

NJ A5220

Permits municipalities to waive interest on certain delinquent property tax payments delivered after required due date.

NJ SB256

Mobile County; amend definition of municipal tax lien to authorize the inclusion of certain weed liens on a tax bill under certain circumstances; deem municipality as prevailing party in certain bid auctions resulting in a tie; authorize municipality to enter property to make repairs under certain circumstances; and authorize tax collecting official to sell a tax lien under certain circumstances.

NJ A3547

Requires municipality to return to taxpayer property taxes paid in error due to assessor's or owner's mistake.

NJ S1807

Requires municipalities to share certain payments in lieu of property taxes with school districts; informs counties, school districts, and DCA of certain information related to property tax exemptions and abatements.

NJ S2507

Revises Energy Tax Receipts Property Tax Relief Aid program; requires all energy taxes to be paid directly to municipalities.

NJ A836

Revises Energy Tax Receipts Property Tax Relief Aid program; requires all energy taxes to be paid directly to municipalities.

NJ A4953

Requires municipalities to share certain payments received in lieu of property taxes with school districts; informs counties and school districts of application for property tax exemption.

NJ A1095

Requires detailed disclosure of information concerning required payments in lieu of property taxes to be provided to purchaser of real property constructed pursuant to financial agreement containing long term tax exemption.

NJ HB970

Counties and municipalities; authorize to adjudicate property with a riparian owner as a menace under certain circumstances.

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