A 3968 New Jersey General Assembly · 2024-2025 Regular Session

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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Mar 4, 2024
Introduced
Introduced in the Assembly, Referred to Assembly State and Local Government Committee
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2 primary · 0 co-sponsors

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