New Jersey Assembly Bill A3968

New Jersey 2024-2025 Regular Session

• Introduced: 3/4/24
• Refer: 3/4/24

Caption

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

Impact

The bill's revisions intend to prevent what has been characterized as 'equity theft'—a situation where municipalities or lienholders could confiscate excess equity from property sales following tax lien foreclosures. By mandating that any remaining equity after satisfying the lienholder's claims be returned to the former property owner, A3968 aims to foster a more equitable system for those who fall behind on property taxes. This will not only impact individual property owners but may also require municipalities and county administrations to adjust their tax sale processes to comply with these new regulations.

Summary

Assembly Bill A3968 proposes significant amendments to New Jersey's tax lien foreclosure laws, primarily to align with recent judicial decisions from the U.S. Supreme Court and the New Jersey Appellate Division. The bill aims to protect the equity of property owners by instituting a judicial sale process instead of allowing tax lien purchasers to gain full ownership of the property upon foreclosure. Key provisions include requiring a court order for a judicial sale conducted by the county sheriff and prioritizing the lender's reimbursement for taxes and costs incurred during the foreclosure process from the proceeds of the sale.

Contention

Despite the intended protections, there may be contention surrounding the bill’s implications for municipalities' revenue and foreclosure practices. Critics might argue that the changes could complicate the collection of unpaid property taxes and hinder local governments' financial operations, as they adapt to the new frameworks for judicial sales and property lien disbursements. Conversely, advocates celebrate these changes as a necessary reform to enhance property owners' rights and ensure that delinquent taxpayers are not stripped of their rightful equity.