New Jersey § acts:saved-54 - (7)

§ acts:saved-54. (7)

7. The town collector or other collecting officer shall, on receipt of the purchase

money on any sale, execute and deliver to the purchaser a certificate of such sale,

which shall contain a covenant on the part of the town to refund the amount paid for

said lands without interest, in case the title conveyed by said sale shall prove invalid;

upon surrender of the said certificate of sale and proof of service of the notice

thereof, as hereinafter provided, upon the owners and mortgagees of the said lands

and premises, the town collector or other collecting officer shall, after the expiration

of six months from the date of such service, execute and deliver to the purchaser

at such sale, his heirs, devisees or assigns, a deed for said lands and premises,

which shall be sealed and attested by the town clerk of the town and be acknowledged

or proved in the usual manner, and it shall not be necessary to set out the proceedings

under this act at length in such deed, but a general statement therein that such deed

is made and executed upon proceedings taken under authority of this act shall be sufficient;

and such purchaser, his heirs, legal representatives or assigns, shall take a good

and sufficient title to the property sold in fee simple absolute, free of all encumbrances

(except taxes, assessments and water rates levied after the confirmation of the said

report), of which the said deed shall be presumptive evidence in all courts and places,

and in any proceedings or actions to be by such purchaser, his heirs, legal representatives

or assigns, taken, prosecuted or defended for the recovery of the possession of the

property so sold as aforesaid, or in the establishment or defense of his or their

title, shown as aforesaid by such deed, the title shall not fail or be defeated by

reason of any irregularity or formal defect in the procedure taken under this act,

upon which the sale shall have been made or the title conveyed as aforesaid, or by

reason of any illegality in fixing and adjusting the tax, assessment and lien, to

enforce which said sale was made, or in the proceeding for collecting the same; provided,

the property sold was liable, at the time such tax, assessment and lien was fixed

and adjusted, to the imposition of a tax, assessment or lien in respect of the purposes

for which such tax, assessment and lien was fixed and imposed, and it does not appear

that any substantial injury was done to the owner of the property by reason of the

irregular or illegal manner or method of fixing, imposing or collecting said tax,

assessment and lien; the town may be purchaser at any sale of lands under the provisions

of this act, with the same right, title and effect as any other purchaser, and the

certificate of sale to the town shall be delivered to the mayor, and if there be no

mayor to the chairman of the town council or other governing body of the town, who

shall in behalf of the town cause notice of the sale to be served on the owners and

mortgagees of the lands so purchased, as provided in this act; upon proof of service

of the notice and expiration of the period for redemption, the town shall be entitled

to a deed for the property the same as any other purchaser; in all cases where any

lands shall be bought by the town as aforesaid under this act, it shall be lawful

for the town council or other governing body of the town to sell and assign the certificates

of sale, or to sell and convey such lands, or any part thereof, by a good and sufficient

deed, to any person or persons, on such terms as may be agreed upon, and with or without

warranty; provided, that if sold at private sale the price for the land shall not

be less than the amount due the town thereon when purchased.