New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A3381

Introduced
3/7/22  

Caption

Requires mortgage lenders to maintain vacant, age-restricted dwelling units during foreclosure.

Impact

The legislation amends existing laws by placing new obligations on creditors, thereby ensuring that the properties remain maintained and do not become nuisances in their respective communities. The intent is to prevent the physical degradation of homes while they are unoccupied during the foreclosure process. This act is aimed at safeguarding the interests of residents in age-restricted communities and sustaining property values by keeping these units in good condition amidst financial transitions.

Summary

Assembly Bill A3381 addresses the maintenance of vacant dwelling units in age-restricted communities during foreclosure proceedings. The bill mandates that mortgage lenders maintain these properties and keep them in compliance with community rules and regulations. Specifically, it requires creditors to pay the monthly maintenance fees and the shared costs associated with community management for units that have been foreclosed. This responsibility is heightened in cases where the homeowner abandons their property after the initiation of foreclosure but before the creditor obtains the title.

Contention

Notable points of contention surrounding A3381 include debates about the extent of liability imposed on creditors and the potential burden this may introduce. Critics may argue that imposing such maintenance requirements may deter lenders from engaging in mortgage lending businesses within age-restricted communities, thereby limiting housing availability. Furthermore, there could be concerns regarding the effectiveness of enforcement mechanisms, especially in cases where creditors are located out-of-state, raising questions about accountability in maintaining these properties.

Companion Bills

NJ S121

Same As Requires mortgage lenders to maintain vacant, age-restricted dwelling units during foreclosure.

Similar Bills

NJ A819

Requires mortgage lenders to maintain vacant, age-restricted dwelling units during foreclosure.

NJ S450

Requires mortgage lenders to maintain vacant, age-restricted dwelling units during foreclosure.

NJ S121

Requires mortgage lenders to maintain vacant, age-restricted dwelling units during foreclosure.

NJ A3458

Requires creditors to maintain interior of vacant and abandoned residential property under foreclosure.

NJ A2551

Requires creditors to maintain interior of vacant and abandoned residential property under foreclosure.

NJ S3999

Exempts creditor from paying municipal property registration fee if property is subject to automatic stay under federal Bankruptcy Code.

NJ A4262

Exempts creditor from paying municipal property registration fee if property is subject to automatic stay under federal Bankruptcy Code.

MA S1130

To facilitate alternatives to foreclosure