New Jersey § 2a:42-123
Full text of New Jersey New Jersey Statutes § 2a:42-123, with citation guidance and answers to common questions.
§ 2a:42-123.
a. If the court determines, after its summary hearing, that the grounds for relief
set forth pursuant to section 5 of P.L.2003, c. 295 ( C.2A:42-118 ) have been established, the court may appoint a receiver and grant such other relief
as may be determined to be necessary and appropriate. The court shall select as the receiver the mortgageholder, lienholder or a qualified
entity, as defined pursuant to section 3 of P.L.2003, c. 295 ( C.2A:42-116 ). If the court cannot identify a receiver, the court may appoint any party who, in
the judgment of the court, may not have registered with the department pursuant to
section 31 of P.L.2003, c. 295 ( C.2A:42-142 ), but otherwise fulfills the qualifications of a qualified entity. b. If the court determines, after its summary hearing, that the grounds for relief
set forth pursuant to section 5 of P.L.2003, c. 295 ( C.2A:42-118 ) have been established, but the owner presents a plan in writing to the court demonstrating
that the conditions leading to the filing of the complaint will be abated within a
reasonable period, which plan is found by the court to be reasonable, then the court
may enter an order providing that in the event the conditions are not abated by a
specific date, including the completion of specific remedial activities by specific
dates, or if the conditions recur within a specific period established by the court,
then an order granting the relief as requested in the complaint shall be granted. The court may require the owner to post a bond in such amount that the court, in consultation
with the party bringing the complaint and the public officer, determines to be reasonable,
which shall be forfeit if the owner fails to meet the conditions of the order. c. Any sums advanced or incurred by a mortgage holder or lienholder acting as receiver
pursuant to this section for the purpose of making improvements to the property, including
court costs and reasonable attorneys fees, may be added to the unpaid balance due
said mortgage holder or lienholder subject to interest at the same rate set forth
in the note or security agreement. d. Nothing in this section shall be deemed to relieve the owner of the building of
any obligation the owner or any other person may have for the payment of taxes or
other municipal liens and charges, or mortgages or liens to any party, whether those
taxes, charges or liens are incurred before or after the appointment of the receiver. e. The appointment of a receiver shall not suspend any obligation the owner may have
as of the date of the appointment of the receiver for payment of any operating or
maintenance expense associated with the building, whether or not billed at the time
of appointment. Any such expenses incurred after the appointment of the receiver shall be the responsibility
of the receiver.
Frequently Asked Questions About New Jersey § 2a:42-123
What does New Jersey Statutes § 2a:42-123 cover?
Section 2a:42-123 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 § 2a:42-123?
A common citation format is "New Jersey Statutes § 2a:42-123" (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 § 2a:42-123 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.