New Jersey § acts:saved-54 - (6)

§ acts:saved-54. (6)

6. Any person or persons having an estate or interest in, or mortgage or lien upon,

any lands and premises sold in pursuance of the fourth section of this act, whose

estate, interest, mortgage or lien appears of record in the county, may at any time,

before the expiration of six months after notice shall have been given to him of such

sale by the purchaser, his heirs or assigns, in the manner hereinafter provided, or

before a deed of said premises shall have been delivered, as provided in this act,

redeem said lands and premises by paying to the treasurer of the city, for the use

of the purchaser, his heirs and assigns, the sum paid by him at such sale, with interest

from the date of the sale, at the rate of ten per cent per annum, upon the amount

due to the city at the date of sale on account of the particular arrearage or arrearages

of unpaid taxes, assessments and water rates or water rents for which such sale is

made, and upon the costs of such sale allowed by law, and one dollar for each notice

served as hereinafter provided; and upon such redemption the city shall pay to such

purchaser, his heirs or assigns, the amount received from the person redeeming; such

notice shall be in writing and shall be served by the purchaser of the property or

his agent or [on] said owner, mortgagee or other person having an interest in or lien

upon said lands and premises, either personally or by leaving the same at his place

of abode with a member of his family above the age of fourteen years; in case such

owner, mortgagee or other person having an interest in or lien upon said lands and

premises is a nonresident, or his residence cannot, upon due inquiry, be ascertained,

then the notice may be served by publishing the same in a newspaper printed and circulating

in the city for a period of six weeks, at least once in each week, and depositing

a copy of such notice, within twenty days after its first publication, in the post

office of the city, inclosed in a wrapper, postpaid, directed to such owner, mortgagee

or other person interested in or having a lien upon said lands and premises at his

or her last known post-office address, if the same can be ascertained; in case such

owner, mortgagee or other party having an interest in or lien upon said lands and

premises be a corporation heretofore created under and by virtue of any law of this

state, and by reason of its dissolution, its directors, or any other persons, thereupon

shall have become trustees for the purpose of winding up the affairs of such corporation,

such notice may be served personally upon any such trustee, and if there be no trustee

surviving, then such notice may be served personally upon the eldest son of the trustee

who last survived, provided such eldest son be of the age of twenty-one years; inquiry

for the residence or post-office address of such owner, mortgagee or other person

having an interest in or lien upon said lands and premises shall be made by the purchaser

or his agent upon the lands purchased at the sale, if they are occupied, and wherever

else in the city the same may be likely to be ascertained, and also by an examination

of the record of the deed, mortgage or other instrument on account of which such notice

is given; an affidavit shall be made by the purchaser or his agent setting forth

the manner and particulars of the service, and, in case the same is made by publication,

setting forth what inquiry was made to ascertain the residence and post-office address

of such owner, mortgagee or other person having an interest in or lien upon said lands

and premises, and in such case an affidavit of the publication shall also be made

by the person publishing such newspaper, or by someone in his employ having cognizance

of the publication, stating the particulars thereof; and the affidavit or affidavits

shall be filed in the office of the clerk of the city within one month after the date

of service and shall be prima facie evidence in all courts and place[s] of the facts

therein stated; the purchaser shall be entitled to the possession of said lands immediately

upon giving such notice to the owner thereof, in case the same are unoccupied, or,

if they are occupied, then within thirty days thereafter; and he shall have the same

remedy by writ of assistance or otherwise in the circuit court of the county in which

the city is situate, or in the court of chancery, for the recovery of the possession

of said lands as the purchaser of mortgaged premises at a foreclosure sale is now

or may hereafter be entitled to by any law or practice of this state; provided, however,

that if any estate in any of the said lands shall be held by any heir or devisee of

a decedent whose estate appears of record in the county, or if any mortgage or lease

shall be held by the executor or administrator of any decedent whose mortgage or lease

appears of record in the county, such heir, devisee, executor or administrator shall

be entitled to redeem and to have notice as aforesaid before the purchaser shall be

entitled to the possession of the lands; and provided also, that the records and

schedules of all sales made under this act shall be filed and kept in the same offices

of the several cities wherein records of tax sales are now by law required to be kept.