New Jersey § acts:saved-54 - (8)

§ acts:saved-54. (8)

8. Any person or persons having an estate in, or mortgage upon, any lands and premises

sold in pursuance of the fourth section of this act, whose estate 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 town for the use of the purchaser, his heirs or assigns, the sum

paid by him at such sale, with interest at the rate of ten per cent per annum from

the date of the sale, and one dollar for each notice served as hereinafter provided,

and also any other tax or assessment chargeable thereon, and which the said purchaser

or his legal representatives or assigns may have paid since said sale, together with

lawful interest on such payment from the time of filing such notice, and all the cost

and expense necessarily incurred by the purchaser, his heirs or assigns, in proceedings

taken for the purpose of perfecting title thereto and for searches at the rates allowed

by law to county clerks and registers of deeds for like services; provided, however,

that the amount of such cost and expense shall be first approved by the mayor of the

town, or if there be no mayor, by the chairman of the town council thereof; provided,

a notice of such payments shall have been filed in the office of the town treasurer;

and upon such redemption the treasurer of the town shall pay to purchaser, his heirs

or assigns, the amount received from the persons redeeming; such notice shall be

in writing and shall be served by the purchaser of the property or his agent on said

owner or mortgagee, 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 or

mortgagee 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 published in the

county in which such town is situated and circulating in the town, 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 town, inclosed

in a wrapper, postpaid, directed to such owner or mortgagee at his or her last known

post-office address, if the same can be ascertained; inquiry for the residence or

post-office address of such owner or mortgagee 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 town the same may be likely to be ascertained, and also by an examination of

the record of the deed or mortgage 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 or mortgagee,

and in such case an affidavit of the publication shall also be made by the person

publishing such newspaper, or by some one 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 town clerk of the town within one month after the date of service,

and shall be prima facie evidence in all courts and places 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

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

said lands as the purchaser of mortgaged premises at the 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 towns wherein records of tax sales are now by law required

to be kept.