New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5542

Introduced
6/5/23  

Caption

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

Impact

The enactment of A5542 would create a more direct benefit for property owners facing foreclosure by ensuring they can collect premium payments promptly after a foreclosure ruling. This change aims to lessen the financial impact on individuals affected by foreclosure by providing them access to funds that they may rightfully deserve under the revised rules concerning tax lien sales and foreclosure proceedings. The bill, thus, reflects an effort to adjust the balance of financial considerations in favor of property owners during a tax foreclosure process, modifying how municipalities handle premium payments tied to tax liens.

Summary

Assembly Bill A5542 seeks to amend the existing law governing premium payments related to tax liens in the State of New Jersey. Under current law, premium payments made by purchasers of tax liens are held by municipal tax collectors and refunded to purchasers if redemption occurs. If no redemption takes place within five years, the premiums are turned over to municipal funds. This bill modifies this process by requiring that within one year following a final judgment of foreclosure, these premium payments must be deposited with the court and paid out to the property owner against whom foreclosure was finalized. If the property owner does not apply for these funds within a year, the municipality can reclaim the funds, adding them to its own finances.

Sentiment

Overall sentiment surrounding A5542 has been largely positive from advocacy groups focusing on property rights and foreclosure reform, viewing this legislation as a necessary adjustment to provide homeowners with more equitable access to funds after foreclosure. However, there may be concerns raised by municipalities regarding potential impacts on their revenue streams and operational aspects regarding how these funds are administratively handled. The bill indicates a shift toward prioritizing the financial welfare of property owners while balancing municipal financial interests.

Contention

Notable points of contention include the implications this bill may have on municipal finances. Critics argue that requiring these premium payments to be returned to property owners may diminish local revenue, particularly for municipalities that rely significantly on these funds. Additionally, the administrative burden on municipalities to manage these payments and potential disputes may be a source of concern. The discourse on A5542 reflects broader themes around municipal financial health versus the rights of vulnerable property owners in foreclosure situations, highlighting the complexities of tax lien legislation.

Companion Bills

NJ S4048

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 A3331

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

NJ S718

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

NJ S4048

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

NJ A3772

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ A3968

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

NJ S4142

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ S2334

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ S3343

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

NJ A391

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

NJ A455

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

Similar Bills

NJ S4142

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ A3772

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ S2334

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

CA SB1447

Income tax: sales and use tax: credit: small business.

TX SB2121

Relating to the persons entitled to redeem property after the foreclosure of a property owners' association's assessment lien.

MD SB855

Baltimore City - Property Tax - In Rem Foreclosure of Vacant or Nuisance Property

TX HB2392

Relating to the persons entitled to redeem property after the foreclosure of a property owners' association's assessment lien.

MD HB921

Baltimore City - Property Tax - In Rem Foreclosure of Vacant or Nuisance Property