Revises tax lien foreclosure process to protect equity accrued by property owner in tax lien foreclosure.
This bill revises New Jersey's tax lien foreclosure process to comply with the U.S. Supreme Court's Tyler v. Hennepin County decision (2023), which found that taking a property owner's full equity when delinquent on taxes violates the Fifth Amendment. It requires courts to order a judicial sale of the property rather than awarding ownership to the lienholder, with proceeds used to reimburse the lienholder for taxes, interest, and costs before returning any excess to the former property owner. The law applies retroactively to pending cases and affects both municipal and private lienholders. This change prevents "equity theft" by ensuring property owners retain value beyond what they owe in taxes.
Bill status
in committee
1 of 4 stages cleared
Introduction
Mar 2024
Committee Review
Floor Vote
Governor
Introduced Mar 4, 2024
Last action Mar 4, 2024
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Full legislative history
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1
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Mar 4, 2024
Introduced
Introduced in the Assembly, Referred to Assembly State and Local Government Committee
lower
2 primary · 0 co-sponsors
Sponsors
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