New Jersey Assembly Bill A4104

New Jersey 2022-2023 Regular Session

• Introduced: 6/2/22
• Refer: 6/2/22
• Report Pass: 12/5/22

Caption

Clarifies exceptions regarding requirement for person seeking to be made party in certain foreclosure actions.

Impact

The proposed changes intend to make it clearer when individuals can intervene in foreclosure cases where their property interests are being contested. By allowing certain transferees—who have received properties for less than their fair market value—to become parties to a foreclosure action, A4104 prevents potential injustices where individuals are excluded from the judicial process due to discrepancies in property valuation. This amendment could affect how foreclosures are handled in New Jersey, particularly regarding residents who may unknowingly find themselves at risk of losing their properties due to tax liens or other municipal claims.

Summary

Bill A4104, introduced in the New Jersey Assembly, aims to clarify the conditions under which individuals can be considered parties to certain foreclosure proceedings. Based on the existing P.L.1954, c.186 (C.54:5-89.1), this bill proposes amendments that allow parties who have acquired property interests for less than fair market value the opportunity to participate in foreclosure actions. The legislation stipulates that such individuals can only be admitted to these proceedings if specific conditions are met concerning the acknowledgement and appraisal of property values by transferors.

Contention

Notably, the bill addresses the balance between property rights and judicial fairness in foreclosure proceedings. It provides specific exemptions, such as requiring the transferor to certify that they have reviewed an appraisal or were advised on obtaining one before selling the property at a lower price. While proponents argue this increases transparency and accountability in real estate transactions, there may be concerns regarding the burden placed on transferees to prove their eligibility to participate in the foreclosure process. This facet has elicited discussions among legislators about the implications for property owners and potential loopholes for manipulative practices.