Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[Adopted 10-28-2014 by Ord. No. 5322]
A. 
A creditor that serves a notice of intention to foreclose on a mortgage on residential property in the Township pursuant to the Fair Foreclosure Act, P.L. 1995, c.244 (N.J.S.A. 2A:50-53 et seq.), shall serve the Township Clerk with a copy of the notice at the same time that the creditor serves the notice on the owner of the property. The creditor shall include the full name and contact information of a person located within the State of New Jersey who is authorized to accept service, on behalf of the creditor, with a copy of the notice served on the Township Clerk.
B. 
If the residential property becomes vacant at any time after the creditor files the notice of intention to foreclose, but prior to vesting of title in any third party, and the Township determines that the property is in violation of any applicable state or local housing code, property maintenance code or any other rule or regulation addressing the maintenance of property within the Township, the Township shall notify the creditor of the violation, by providing a copy of the notice to the person located within the state who is authorized to accept service on behalf of the creditor, and may require the creditor to correct the violation.
C. 
The notice to correct a violation pursuant to this article shall include with the notice of violation a description of the conditions that gave rise to the violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for the violation of municipal ordinances pursuant to N.J.S.A. 40:49-5.
D. 
For purposes of this article, "creditor" means a federal or state-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the New Jersey Licensed Lenders Act,[1] P.L. 1996, c.157 (N.J.S.A. 17:11C-1 et seq.), and any entity acting on behalf of the creditor named in the debt obligation, including but not limited to servicers.
[1]
Editor's Note: The title of this Act was changed to "New Jersey Consumer Finance Licensing Act," effective with the effective date of P.L. 2009, c. 53.
A. 
Notice requirements.
(1) 
A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in the Township shall, within 10 days of serving the summons and complaint, notify the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations, may contain information about more than one property, and shall be provided by mail or electronic communication, at the discretion of the Township Clerk. The Township Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for the administration of any property maintenance or public nuisance code. In the event the property being foreclosed on is an affordable unit pursuant to the Fair Housing Act, P.L. 1985, c.222 (N.J.S.A. 52:27D-301 et al), then the creditor shall identify that the property is subject to the Fair Housing Act. The notice shall also include the street address and lot and block number of the property and the full name and contact information of an individual located within the state who is authorized to accept service on behalf of the creditor. The notice shall be provided to the Township Clerk within 10 days of service of a summons and complaint in an action to foreclose on a mortgage against the subject property.
(2) 
Any creditor that has initiated a foreclosure proceeding on any residential property which is pending in Superior Court shall provide to the Township Clerk a listing of all residential properties in the municipality for which the creditor has foreclosure actions pending, by street address and lot and block number. The Township Clerk shall forward a copy of the notice to the public official.
B. 
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable state or local code, the local public officer, Township Clerk or other authorized municipal official shall notify the creditor, who shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or municipal ordinance. The Township shall include with the notice of violation a description of the conditions that gave rise to the violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for the violation of municipal ordinances pursuant to N.J.S.A. 40:49-5.
C. 
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of Subsection B hereof, but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under Section 23 of P.L. 2003, c.210 (N.J.S.A. 55:19-100), which recourse includes placement of a lien against the property and against any asset of the creditor, against any asset of the partner of a creditor, if a partnership, and against any asset of any owner of a 10% interest or greater if the creditor is a corporation.