New Jersey § 46:10b-51
Full text of New Jersey New Jersey Statutes § 46:10b-51, with citation guidance and answers to common questions.
§ 46:10b-51.
a. (1) A creditor serving a summons and complaint in an action to foreclose on a mortgage
on residential property in this State shall, within 10 days of serving the summons
and complaint, notify the municipal clerk and the mayor or other chief executive officer of the municipality in which the property is located that a summons and complaint
in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the full name , address, and telephone number for the representative of the creditor who is responsible for receiving complaints
of property maintenance and code violations and the full name and contact information for any person or entity retained by the
creditor or a representative of the creditor to be responsible for any care, maintenance,
security or upkeep of the property. The notice may contain information about more than one property, and shall be provided by mail
or electronic communication, at the discretion of the municipal clerk. In the event the creditor that has served a summons and complaint in an action to
foreclose on a residential property is located out-of-State, the notice shall also
contain the full name , address, and telephone number of an in-State representative or agent who shall be responsible for the care, maintenance,
security, and upkeep of the exterior of the property if it becomes vacant and abandoned. If the municipality has appointed a public officer pursuant to P.L.1942, c. 112
( C.40:48-2.3 et seq. ), the municipal clerk shall forward a copy of the notice to the public officer or
shall otherwise provide it to any other local official responsible for administration
of any property maintenance or public nuisance code. In the event that the property being foreclosed on is an affordable unit pursuant
to the “Fair Housing Act,” P.L.1985, c. 222 ( C.52:27D-301 et al.), then the creditor shall identify that the property is subject to the “Fair
Housing Act.” The notice shall also include the street address, lot and block number of the property,
and the full name , address, and telephone number of an individual located within the State who is authorized to accept service on
behalf of the creditor. The notice shall be provided to the municipal clerk and the mayor or other chief executive officer within 10 days of service of a summons and complaint in an action to foreclose on
a mortgage against the subject property. If there is any change in the name, address, or telephone number for a representative,
agent, or individual authorized to accept service on behalf of a creditor required
to be provided in a notice pursuant to this paragraph following the filing of the
summons and complaint, the creditor shall provide a notice to the applicable municipal
clerk containing the updated name, address, or telephone number within 10 days of
the change in that information. (2) Within 30 days following the effective date of P.L.2009, c. 296 ( C.2A:50-69 et al.), any creditor that has initiated a foreclosure proceeding on any residential
property which is pending in Superior Court shall provide to the municipal clerk of
the municipality in which the property is located, a listing of all residential properties
in the municipality for which the creditor has foreclosure actions pending by street
address and lot and block number. If the municipality has appointed a public officer pursuant to P.L.1942, c. 112
( C.40:48-2.3 et seq. ), the municipal clerk shall forward a copy of the notice to the public officer, or
shall otherwise provide it to any other local official responsible for administration
of any property maintenance or public nuisance code. b. If the owner of a residential property vacates or abandons any property on which
a foreclosure proceeding has been initiated or if a residential property becomes vacant
at any point subsequent to the creditor's filing the summons and complaint in an action
to foreclose on a mortgage against the subject property, but prior to vesting of title
in the creditor or any other third party, and the exterior of the property is found
to be a nuisance or in violation of any applicable State or local code, the local
public officer, municipal clerk, or other authorized municipal official shall notify
the creditor or the representative or agent of an out-of-State creditor, as applicable,
which 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. The municipality shall include a description of the conditions that gave rise to
the violation with the notice of violation and shall provide a period of not less
than 30 days from the creditor's receipt of the notice for the creditor to remedy
the violation. If the creditor fails to remedy the violation within that time period, the municipality
may impose penalties allowed for the violation of municipal ordinances pursuant to R.S.40:49-5 . c. If the municipality expends public funds in order to abate a nuisance or correct
a violation on a residential property in situations in which the creditor was given
notice pursuant to the provisions of subsection b. of this section 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 title owner of the
property, including but not limited to the recourse provided under section 23 of P.L.2003, c. 210 ( C.55:19-100 ). d. A creditor that institutes a foreclosure proceeding on residential property pursuant
to the “Fair Foreclosure Act,” P.L.1995, c. 244 ( C.2A:50-53 et seq. ), shall file with the summons and complaint in Superior Court, and with the lis pendens
filed with the office of the county clerk or register of deeds and mortgages, the
following information: (1) the full name, address, and telephone number for the representative of the creditor
and any servicer who is responsible for receiving complaints of property maintenance
and code violations pursuant to subsection b. of this section; (2) if the creditor or servicer is located out-of-State, the full name, address, and
telephone number of an in-State representative or agent who shall be responsible for
the care, maintenance, security, and upkeep of the property if it becomes vacant and
abandoned; and (3) if there is any change in the information required to be filed pursuant to paragraph
(1) or (2) of this subsection following the filing of the summons and complaint or
the lis pendens, the updated name, address, or telephone number, to be filed with
the Superior Court, the office of the county clerk or register of deeds and mortgages,
and all other parties, within 10 days of the change in that information.
Frequently Asked Questions About New Jersey § 46:10b-51
What does New Jersey Statutes § 46:10b-51 cover?
Section 46:10b-51 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 § 46:10b-51?
A common citation format is "New Jersey Statutes § 46:10b-51" (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 § 46:10b-51 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.