Township of Lacey, NJ Abandoned and Vacant Properties

A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgagee changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this article.

§ 273-5 Notification by creditor.

[Amended 12-22-2022 by Ord. No. 2022-46]

A creditor serving a summons and complaint in an action to foreclose on a mortgage or residential property in this state 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 pursuant to N.J.S.A. 46:10B-51. In the event the creditor that has served a summons and complaint in an action to foreclose on a residential property is located out of state, the notice shall also contain the full name and contact information of an in-state representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned. If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to be provided in a notice pursuant to this section following the filing of the summons and complaint, the creditor shall provide a notice to the applicable Township Clerk containing the updated name, address, or telephone number within 10 days of the change in that information. In addition to the notice provided to the Township pursuant to this section, the creditor filing a summons and complaint in an action to foreclose shall identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and identify whether the property is vacant and abandoned in accordance with the definition contained in § 273-8 of Article III of this chapter.

§ 273-6 Responsibility to maintain property.

The creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property.

The Code Enforcement Officer or any other local official responsible for administration of any property maintenance or public nuisance code shall issue a notice to the creditor filing the summons and complaint in an action to foreclose, if he determines that the creditor has violated the Township Property Maintenance Ordinance by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of a notice pursuant to this subsection shall constitute clear and convincing evidence proof that a property is "vacant and abandoned" for the purposes of P.L. 2012, c.70 (N.J.S.A. 2A:50-73).

Upon the provision of proper notice by the Code Enforcement Officer, the creditor or responsible party for the property shall abate the nuisance(s) according to said notice. Failure to abate any nuisance is a violation of this article and will result in penalties, as well as the imposition of the appropriate lien(s) on the property due to the costs associated to the Township for its abatement of the nuisance(s).

§ 273-7 Violations.

An out-of-state creditor subject to this article that is found by the Lacey Township municipal court, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to the article shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of subsection a, N.J.S.A. 46:10B-51, for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.

A creditor found by the Lacey Township municipal court, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to the article shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.

If, after proper notice, the Township undertakes the performance of any property maintenance work on the property due to the failure of the creditor to perform same, the Township shall attach a lien to the property for the costs associated with its work.