New Jersey § 2a:50-73

§ 2a:50-73.

a. For the purposes of this section, “vacant and abandoned” residential property means

residential real estate with respect to which the mortgagee proves, by clear and convincing

evidence, that the mortgaged real estate is vacant and has been abandoned or where

a notice of violation has been issued pursuant to section 3 of P.L.2021, c. 444 ( C.40:48-2.12s3 ) . Where a notice of violation has not been issued pursuant to section 3 of P.L.2021, c. 444 ( C.40:48-2.12s3 ) , real property shall be deemed “vacant and abandoned” if the court finds that the

mortgaged property 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

according to section 4 of the “Fair Foreclosure Act,” P.L.1995, c. 244 ( C.2A:50-56 ), and at least two of the following conditions exist: (1) overgrown or neglected vegetation; (2) the 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 and personal items; (8) statements of neighbors, delivery persons, representatives of a common interest

community association, or government employees indicating that the residence 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

unlocked; (11) a risk to the health, safety or welfare of the public, or any adjoining or adjacent

property owners, exists 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 any mortgagor expressing the clear intent of all

mortgagors to abandon the property; (15) any other reasonable indicia of abandonment. b. For the purposes of this section, 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. c. In addition to the residential mortgage foreclosure procedures set out in the “Fair

Foreclosure Act,” P.L.1995, c. 244 ( C.2A:50-53 et seq. ), a summary action to foreclose a mortgage debt secured by residential property that

is vacant and abandoned may be brought by a lender in the Superior Court. In addition, a lender may, at any time after filing a foreclosure action, file with

the court, in accordance with the Rules Governing the Courts of the State of New Jersey,

an application to proceed in a summary manner because the residential property that

is the subject of the foreclosure action is believed to be “vacant and abandoned”;

provided, however, that this section shall not apply to a foreclosure of a timeshare

interest secured by a mortgage. d. (1) In addition to the service of process required by the Rules of Court, a lender

shall establish, for the entry of a residential foreclosure judgment under this section,

that a process server has made two unsuccessful attempts to serve the mortgagor or

occupant at the residential property, which attempts must be at least 72 hours apart,

and during different times of the day, either before noon, between noon and 6 P.M.,

or between 6 P.M. and 10 P.M. (2) In addition to any notices required to be served by law or the Rules of Court,

a lender shall, with any order to show cause served as original service of process

or a motion to proceed summarily, serve a notice that the lender is seeking, on the

return date of the order to show cause, or on the date fixed by the court, to proceed

summarily for entry of a residential foreclosure judgment because the property is

vacant and abandoned. (3) When a property is deemed vacant and abandoned as herein defined, a lender shall

not be required to serve the debtor with the notice to cure required by section 6

of the “Fair Foreclosure Act,” P.L.1995, c. 244 ( C.2A:50-58 ). e. (1) The court may enter a final residential mortgage foreclosure judgment under

this section upon a finding, (a) by clear and convincing evidence, that the residential

property is vacant and abandoned as defined under subsection a. of this section, and

(b) that a review of the pleadings and documents filed with the court, as required

by the Rules of Court, supports the entry of a final residential mortgage foreclosure

judgment. (2) A final residential mortgage foreclosure judgment under this section shall not

be entered if the court finds that: (a) the property is not vacant or abandoned; or (b) the mortgagor or any other defendant has filed an answer, appearance, or other

written objection that is not withdrawn and the defenses or objection asserted provide

cause to preclude the entry of a final residential mortgage foreclosure judgment. f. If a final residential mortgage foreclosure judgment under this section is not

entered on the original or adjourned return date of an order to show cause or the

date fixed by the court to proceed summarily, the court may direct that the foreclosure

action continue on the normal track for residential mortgage foreclosure actions for

properties that are not vacant and abandoned and the notice to cure served with the

order to show cause or the order fixing that date for the matter to proceed summarily

shall be of no effect. g. All actions brought to foreclose on real property pursuant to this section shall

proceed in accordance with the Rules of Court. h. Nothing in this section is intended to supersede or limit other procedures adopted

by the Court to resolve residential mortgage foreclosure actions, including, but not

limited to, foreclosure mediation. i. Nothing in this section shall be construed to affect the rights of a tenant to

possession of a leasehold interest under the Anti-Eviction Act, P.L.1974, c. 49 ( C.2A:18-61.1 et seq. ), the “New Jersey Foreclosure Fairness Act,” P.L.2009, c. 296 ( C.2A:50-69 et seq. ), or any other applicable law. j. (1) Notwithstanding paragraph (3) of subsection a. of section 12 of P.L.1995, c. 244 ( C.2A:50-64 ) to the contrary, the sheriff shall sell the property within 90 days of the sheriff's

receipt of any writ of execution issued by the court if: (a) the court makes a finding in the foreclosure judgment that the property is vacant

and abandoned; or (b) the court issues an order directing the sheriff to sell the property within 90

days, pursuant to the provisions of subsection k. of this section. (2) If it becomes apparent that the sheriff cannot comply with the provisions of paragraph

(1) of this subsection, the foreclosing plaintiff shall apply to the court for an

order appointing a Special Master or judicial agent to hold the foreclosure sale within

90 days of the date of application. k. (1) Following issuance of a foreclosure judgment, in which the court did not make

a finding that the property is vacant and abandoned, a foreclosing plaintiff may make

application to the court for the property to be sold by the sheriff within 90 days

of the date of application. The application shall include a certification that the mortgaged real estate is

vacant and abandoned. (2) Upon application that meets the criteria set forth in paragraph (1) of this subsection,

the court shall issue an order directing the sheriff to sell the property in accordance

with the provisions of subsection j. of this section. A hearing shall not be required unless the application is contested.