Foreclosure Reform Bills Proposed in New Jersey
Updated 4/30/19: The office of New Jersey Governor Phil Murphy issued a press release outlining the approval of a package of bills aimed at improving foreclosure rates across the state.
Included is A4997 (Mortgage Servicers Licensing Act), a bill that will require any person acting as a mortgage servicer to obtain a license from the Commissioner of Banking and Insurance for each main office and each branch office where business is conducted.
Press Release (Governor Murphy Signs Legislative Package to Address New Jersey’s Foreclosure Crisis)
Approved Legislation Overview:
• A664 – Codifies the Judiciary’s Foreclosure Mediation Program; dedicates monies from foreclosure filing fees and fines.
• A4997 – “Mortgage Servicers Licensing Act.”
• A4999 – Requires filing of certain creditor contact information with residential mortgage foreclosure complaint and lis pendens.
• A5001 – Revises statute of limitations for residential mortgage foreclosures.
• A5002 – Permits certain planned real estate developments to file certain liens; concerns limited priority of certain liens.
• S3411 – Requires receivership appointment application prior to certain foreclosure actions; requires notice of intention to foreclosure on residential mortgage to be filed within 180 days prior to commencing foreclosure; limits reinstatements of dismissed mortgage foreclosure actions.
• S3413 – Makes certain changes to summary action foreclosure process under “Fair Foreclosure Act.”
• S3416 – Clarifies that “New Jersey Residential Mortgage Lending Act” applies to certain out-of-state persons and involved in residential mortgage lending in the State.
• S3464 – Revises certain procedures for real estate foreclosure sales; alters adjournment of sale process.
Updated 3/25/19: A4999 (concerning residential mortgage foreclosures) passed the New Jersey Senate. The bill aims to require a creditor that files a residential foreclosure complaint to provide contact information for the party responsible for property care with the summons and complaint in Superior Court, and with the lis pendens filed with the office of the county clerk or register of deeds and mortgages.
This bill has substituted S3415.
Legislation Update
March 4, 2019
Source: New Jersey Legislature
Additional Resources:
NJ Spotlight (Package of Bills Hopes to Knock NJ Out of the Top Spot in Foreclosures)
New Jersey Judiciary (Report of the Special Committee on Residential Foreclosures)
New Jersey
S1244
Status: Reported from Senate Committee with Amendments, 2nd Reading (March 4, 2019)
Legislative Summary
Codifies the Judiciary’s Foreclosure Mediation Program; dedicates monies from foreclosure filing fees and fines.
Source: New Jersey Legislature (S1244 full text/info)
S3411
Status: Senate Amendment (February 21, 2019)
Legislative Summary
Requires notice of intention in residential mortgage foreclosure actions to be filed no more than 180 days prior to commencing foreclosure; limits reinstatements of dismissed mortgage foreclosure actions.
Source: New Jersey Legislature (S3411 full text/info)
S3412
Status: Referred to Senate Budget and Appropriations Committee (February 7, 2019)
Legislative Summary
Requires DCA to produce and maintain database and interactive map concerning residential properties under foreclosure; increases certain recording fees as funding mechanism.
Source: New Jersey Legislature (S3412 full text/info)
S3413
Status: Senate Amendment (February 21, 2019)
Legislative Summary
Makes certain changes to summary action foreclosure process under “Fair Foreclosure Act.”
Source: New Jersey Legislature (S3413 full text/info)
S3415
Status: Senate Amendment (February 21, 2019)
Legislative Summary
Requires filing of certain contact information of creditors with residential mortgage foreclosure complaint and lis pendens.
Source: New Jersey Legislature (S3415 full text/info)