[HISTORY: Adopted by the Borough Council of the Borough of
Pemberton 10-19-2015 by Ord. No.
2015-10; amended in its entirety 6-20-2023 by Ord. No. 2023-3. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint, the new entity shall be deemed the creditor.
The state, a political subdivision of the state, county, or local
government entity, or their agent or assignee, such as a servicer,
is not a creditor.
A property that is not legally occupied by a mortgagor or
tenant, and which is in such condition that it cannot be legally reoccupied,
because of the presence or finding of two or more of the following:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail to
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a Borough building, housing or similar
code during the preceding year, or an order by Borough authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement by a mortgagor expressing the clear intent
of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
A.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on a residential or commercial property in the Borough
shall, within 10 days of serving the summons and complaint, notify
the Borough Clerk and Mayor that a summons and complaint has been
filed against the property. The notice shall include the filing date,
docket number and the court in which the complaint was filed, and
whether the property is vacant and abandoned. The notice shall also
contain the full name, address, and telephone number for the representative
of the creditor who is responsible for receiving complaints of property
maintenance and code violations, and the full name and contact information
for any person or entity retained by the creditor or a representative
of the creditor to be responsible for any care, maintenance, security,
or upkeep of the property. The notice shall be provided at the discretion
of the Borough Clerk by mail or electronic communication.
B.
If the creditor is located outside of New Jersey, the notice shall
contain the full name, address, and telephone number 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 or abandoned. The Borough Clerk shall forward the notice to
all Borough employees involved in property maintenance and the abatement
of nuisances.
C.
If the property being foreclosed on is an affordable unit pursuant
to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the creditor
shall identify the property as such.
D.
The notice shall also include the street address, lot and block number
of the property, and the full name, address, and telephone number
of an individual located within the state who is authorized to accept
service on behalf of the creditor.
E.
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, the creditor shall, within 10 days of the
change in that information, provide notice to the Borough Clerk containing
the updated name, address, or telephone number.
A.
In addition to providing the information set forth in § 152-2, a creditor shall register the property as a property in foreclosure with the Borough Clerk and pay the annual fee. If the property becomes vacant and abandoned in accordance with the definition in § 152-1, after the property has been registered with the Borough, the creditor shall update the property registration to reflect that the property is vacant and abandoned.
B.
The creditor shall be responsible for the care, maintenance, security,
and upkeep of the exterior of a property that is or becomes vacant
and abandoned at any time during the foreclosure action and shall
secure the property against unauthorized entry. Additionally, the
creditor shall post a sign affixed to the inside of the property and
visible to the public indicating the name, address, and telephone
number of the creditor or an out-of-state creditor's in-state
representative or agent for the purpose of receiving service of process,
and maintain liability insurance by procuring a vacancy policy covering
any damage to any person or property caused by the physical condition
of the property.
A.
If the owner of a residential or commercial property vacates or abandons
a property on which a foreclosure action has been initiated, or if
a residential or commercial property becomes vacant at any point subsequent
to the creditor's filing the summons and complaint in an action
to foreclose on a mortgage, but prior to vesting of title in the creditor
or any other third party, and the exterior of the property is found
to be a nuisance or in violation of any applicable state or local
code, the Code Enforcement/Zoning Officer shall notify the creditor
or the representative or agent of an out-of-state 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. The notice of violation shall include 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, or within 10 days of the
notice if the violation presents an imminent threat to public health
and safety. The Borough may impose penalties if the creditor fails
to timely remedy the violation.
B.
If the Borough expends public funds in order to abate a nuisance
or correct a violation following notice to the creditor because of
the failure of the creditor to take timely action, the Borough 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 N.J.S.A. 55:19-100.
A.
There is an annual fee of $500 for each property for which a summons
and complaint has been filed in an action to foreclose a mortgage.
B.
An additional annual fee of $2,000 shall be paid if the property
is vacant or abandoned when the summons and complaint is filed or
becomes vacant and abandoned at any time thereafter while the property
is in foreclosure.
C.
Property registration fees are due on January 1. The initial registration
fee shall be prorated for registration statements received less than
10 months prior to that date.
D.
The fees are municipal charges so that a failure to pay shall subject
a property to tax sale.
A.
An out-of-state creditor who is found by a court to be in violation
of the requirement to appoint an in-state representative or agent
shall be subject to a fine of $2,500 for each day of violation. Any
fines shall commence on the day after the ten-day period for providing
notice to the Borough Clerk that a summons and complaint in an action
to foreclose has been served.
B.
A creditor found by a court to be in violation, other than for a
failure by an out-of-state creditor to appoint an in-state representative
or agent, shall be subject to a fine of $1,500 for each day of the
violation. Fines imposed pursuant to this subsection shall commence
31 days following the creditor's receipt of the notice of violation,
except if the violation presents an imminent risk to public health
and safety, fines shall commence 11 days following receipt of the
notice of violation.
