New Jersey Assembly Bill A1167

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Revises residential property mortgage foreclosure process.

Impact

The bill is anticipated to have a significant impact on the foreclosure process by broadening protections for homeowners facing foreclosure. It aims to create a more equitable environment where homeowners are afforded the opportunity to negotiate and potentially retain their homes through mediated solutions. By mandating servicers to engage in loss mitigation efforts, it may reduce the number of foreclosure actions filed in court, thereby alleviating the burden on both the judicial system and affected families. Additionally, the establishment of the New Jersey Foreclosure Prevention Fund is designed to facilitate financial assistance to homeowners in need, thus promoting housing stability.

Summary

Assembly Bill A1167 seeks to amend and supplement New Jersey's 'Fair Foreclosure Act' to improve the processes governing residential property foreclosures. It requires mortgage loan servicers to actively participate in mediation with homeowners through the New Jersey Judiciary's Foreclosure Mediation Program before proceeding with a foreclosure action. The bill establishes obligations for servicers to assess debtors' financial situations and explore loss mitigation options, which may include loan modifications, deeds in lieu of foreclosure, or short sales. Moreover, it mandates that servicers maintain a single point of contact for the debtor and ensure that homeowners are informed about available state foreclosure prevention assistance.

Contention

While the overall intent of A1167 is to assist homeowners, the bill has sparked debate over the responsibilities placed on both servicers and homeowners during the mediation process. Some stakeholders believe that the requirements for servicers to provide detailed information about denials of loss mitigation options could potentially delay judicial proceedings and complicate the foreclosure process. Concerns have also been raised regarding the viability of the nonprofit assistance network intended to support this initiative, particularly in ensuring that there are enough resources and trained personnel available to effectively assist homeowners. Additionally, the potential financial implications of funding the new foreclosure prevention assistance programs have incited discussions on resource allocation within state budgets.