New Jersey § 38:23c-16
Full text of New Jersey New Jersey Statutes § 38:23c-16, with citation guidance and answers to common questions.
§ 38:23c-16.
a. The provisions of this section shall apply only to obligations secured by mortgage,
trust deed, or other security in the nature of a mortgage upon real or personal property
owned by a person in military service at the commencement of the period of his military
service and still so owned by him which obligations originated prior to such person's
period of military service. b. In any proceeding commenced in any court during the period of military service
to enforce such obligation arising out of nonpayment of any sum thereunder due or
out of any other breach of the terms thereof occurring prior to or during the period
of such service the court may, after hearing, in its discretion, on its own motion,
and shall, except as hereinafter provided in this act, on application to it by such
person in military service or some person on his behalf, unless in the opinion of
the court the ability of the defendant to comply with the terms of the obligation
is not materially affected by reason of his military service: (1) Stay the proceedings as provided in this act; or (2) Make such other disposition of the case as may be equitable to conserve the interest
of all parties. c. No sale, foreclosure, or seizure of property for nonpayment of any sum due under
any such obligation, or for any other breach of the terms thereof, whether under a
power of sale, under a judgment entered upon warrant of attorney to confess judgment
contained therein, or otherwise, shall be valid if made during the period of military
service, or within 3 months thereafter, unless upon an order of sale previously granted
by the court and a return thereto made and approved by the court. d. Any person who shall knowingly cause to be made any sale, foreclosure or seizure
of property defined as invalid by paragraph c. hereof, or attempts so to do, shall
be adjudged a disorderly person and shall be punished by imprisonment not to exceed
6 months, or by fine not to exceed $1,000.00, or both.
Frequently Asked Questions About New Jersey § 38:23c-16
What does New Jersey Statutes § 38:23c-16 cover?
Section 38:23c-16 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 38:23c-16?
A common citation format is "New Jersey Statutes § 38:23c-16" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 38:23c-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.