As used in this article, the following words, terms and their
derivations shall have the following meanings unless their use in
the text of this article clearly demonstrates a different meaning
or references another provision of the Borough Code, or a statute
or regulation.
CREDITOR
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 in the Superior Court, the new entity
shall be deemed the creditor for the purposes of this article. For
the purposes of this article, a creditor shall not include the State
of New Jersey; a political subdivision of the state; a state, county,
or local government entity, or their agent or assignee, such as a
servicer.
VACANT AND ABANDONED PROPERTY
A.
A property that is not legally occupied by mortgagor or tenant,
which is in such condition that it cannot be legally reoccupied because
of the presence or finding of at least two of the following conditions:
(1)
Overgrown or neglected vegetation;
(2)
Accumulation of newspapers, circulars, flyers, or mail on the
property;
(3)
Disconnected gas, electric, or water utility services to the
property;
(4)
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
(5)
The accumulation of junk, litter, trash, or debris on the property;
(6)
The absence of window treatments, such as blinds, curtains,
or shutters;
(7)
The absence of furnishings or personal items;
(8)
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
(9)
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
(10)
Doors to the property that are smashed through, broken off,
unhinged, or continuously locked;
(11)
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;
(12)
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
(13)
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;
(14)
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
(15)
Any other reasonable indicia of abandonment.
B.
Except that for purposed of this article, a residential property
shall not be considered "vacant and abandoned" if, on the property:
(1)
There is an unoccupied building which is undergoing construction,
renovation, or rehabilitation that is proceeding diligently to completion,
and the building is in compliance with all applicable ordinances,
codes, regulations, and statutes;
(2)
There is a building occupied on a seasonal basis, but otherwise
secure; or
(3)
There is a building that is secure, but is the subject of a
probate action, action to quiet title, or other ownership dispute.
Notwithstanding any other contrary provisions of this chapter,
Fannie Mae, Freddie Mac and any loan servicers acting on their behalf
are exempt from payment of any registration fee for any property registered
under this chapter as well as from payment of any fines or penalties
otherwise permitted to be assessed under this chapter or any other
provision of the Borough Code.