The purpose of this article is to regulate the care, maintenance, security and upkeep of vacant and abandoned residential property on which a summons and complaint in an action for foreclosure has been filed.
[Added 12-29-2014 by Ord. No. O-14-22]
As used in this article, the following terms shall have the meanings indicated:
Residential real estate that is vacant and has been abandoned as set forth in N.J.S.A. 2A:50-73, a property which is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure under the Fair Foreclosure Act,[1] N.J.S.A. 40:48-2.12.
[1]
Editor's Note: See N.J.S.A. 2A:50-53 et seq.
A.
Any in-state creditor filing a summons and complaint in an action to foreclose vacant and abandoned residential property shall be responsible for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property. The in-state creditor may provide to the Clerk of the Township of Gloucester the name of a person or firm to be responsible for care, maintenance, security and upkeep of vacant and abandoned residential property on which a summons and complaint in an action for foreclosure has been filed.
B.
Any out-of-state creditor filing a summons and complaint in an action to foreclose vacant and abandoned residential property shall be responsible for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property, and in addition thereto shall appoint an in-state representative or agent to act for the foreclosing out-of-state creditor. The out-of-state creditor shall provide to the Clerk of the Township of Gloucester the full name and contact information of the in-state representative or agent to act for the foreclosing creditor.
C.
The creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in the Township of Gloucester shall, within 10 days of the filing of serving the summons and complaint, notify the Municipal Clerk of the Township of Gloucester that an action to foreclose on a mortgage has been filed against the subject property.
(1)
The notice shall contain street address, block and lot number of the property being foreclosed as well as the name and contact information of the in-state representative or agent of the creditor who is responsible for receiving complaints of property maintenance and code violations. There shall also be provided the name and contact information on an in-state representative or agent who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is or becomes vacant and abandoned. The notice shall be provided by mail or by electronic communication.
D.
If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated, or if the residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclosure, but prior to title vesting in the creditor or any third party, and the exterior of the property is found to be a nuisance or in violation of any applicable state or municipal code, the local official shall notify the creditor or the representative or agent of 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.
E.
If the municipality expended public funds in order to abate the nuisance or correct any code violation on a residential property in situations where the creditor was given notice but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the property owner.