Exempts creditor from paying municipal property registration fee if property is subject to automatic stay under federal Bankruptcy Code.
Impact
The enactment of S3999 is expected to have significant implications for state and local laws governing property and foreclosure practices. By modifying the existing law outlined in P.L.2021, c.444, the bill directly influences how municipalities can regulate and charge for the registration of properties involved in foreclosure actions. It effectively prohibits municipalities from enforcing property registration fees on creditors who are currently protected by bankruptcy laws, thereby aligning local regulations with federal statutes and helping creditors to manage their financial responsibilities more effectively during distressing circumstances.
Summary
Senate Bill 3999 aims to amend existing New Jersey law regarding property registration fees imposed on creditors during foreclosure proceedings. Specifically, the bill exempts creditors from the responsibility of paying municipal property registration fees if the property in question is under the protections of the federal Bankruptcy Code, particularly when an 'automatic stay' is enforced. This legislative change is designed to ease the financial burdens placed on creditors filing for foreclosure, particularly those affected by bankruptcy proceedings, ensuring they are not penalized by additional fees while under federal protection.
Contention
While some stakeholders may view S3999 as a necessary step towards providing relief for creditors amidst the complexities of foreclosures and bankruptcies, there could also be opposing views regarding the impact on municipalities. Critics might argue that exempting creditors from fees could reduce local revenue generated from property registration, which is intended to fund local property maintenance and enforcement efforts. Thus, balancing the needs of creditors with the financial realities faced by municipalities may be a point of contention during discussions surrounding the bill.
Creating the Kansas vacant property act to prohibit municipalities from imposing any fees or registration requirements on the basis that property is unoccupied.