New Jersey Senate Bill S2830

New Jersey 2024-2025 Regular Session

• Introduced: 2/27/24
• Refer: 2/27/24

Caption

Establishes certain protections against deed theft.

Impact

By requiring courts to intervene during ongoing investigations, S2830 seeks to provide a safeguard for property owners who may be victims of deed theft or title fraud. It requires courts to conduct status conferences with governmental entities every six months to assess the progress of investigations, ensuring that legal actions do not proceed without proper review of the facts. This responsiveness is intended to prevent wrongful evictions and protect vulnerable homeowners facing disputes over property title.

Summary

Senate Bill S2830 establishes protective measures against deed theft in New Jersey. The bill empowers federal, state, or local governmental entities to request a stay on any actions related to the recovery of possession or the quieting of title for residential properties that are under investigation for the theft or fraud of title or financing. This stay is mandated by the court during the duration of a good faith investigation, essentially halting any eviction processes or other judgments until the investigation concludes.

Contention

The legislation introduces a rebuttable presumption that a deed transfer is fraudulent if a person is convicted of related criminal offenses, which can have significant implications for real estate transactions. Moreover, it also allows the Attorney General or law enforcement to file motions to void fraudulent instruments in court, offering a pathway for victims to reclaim their property rights. Such provisions, while intended to enhance protections, may raise concerns about the balance of property rights and potential unintended consequences for legitimate transactions where there are disputes.