If Foreclosed in NJ U are NOT responsible for CARE of RESIDENCE! QQ

[tobee43]

i belong to another site, but thought this information may be helpful for those that have any questions on whether or not they are responsible for lawn care, trash etc. this is was was drawn up by the nj law makers i believe it was first done in 2010. i just found it and thought those in nj may want to read it as it is very helpful in outlining your responsibilities to a home once vacated after you were served


Full text of N.J.S.A. 46:10B-51, the New Jersey Creditor Responsibility Law


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 of the municipality in which the property is located that a summons and complain in an action to foreclose a mortgage

1.has been filed against the subject property. The notice shall contain the
name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations,
may contain information about more than one property, and shall be provided by mail or electronic communication, at the discretion of the municipal clerk. 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 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 and contact information 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 within 10 days of service of a summons and complaint in an action to foreclose a mortgage against the subject property.

(2) Within 30 days following the effective date of P.L. 2009 c.296, any creditor that has initiated 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.40:48-2.3-15 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 a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and 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 tthe creditor, 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 re.

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 42 of P.L.2003, c.210
(C.55:19-100).

http://www.hcdnnj.org/assets/documents/nptcreditorresfullbill.pdf

http://www.hcdnnj.org/assets/documen...esfullbill.pdf

[PANSYFACE]

Thanks tobee43. My next door neighbor left 2 months ago at the crack of dawn and left all kinds of trash and a big old dirty white couch on the front porch! I will contact the city. It looks terrible, especially since we are on the main street into town.

[tobee43]

it's that so nice Pansy, the creditor...aka the lenders are suppose to take care of it all! so the towns, city, or whatever should contact the creditor and have them take care of the mess...and or take care of it and bill the creditor who foreclosed.


the reason i was so glad to see this "in writing" in a bill format, was because of all the controversy, on who is responsible for what after one vacates. i was or am especially sensitive to this, as i do feel badly about the fact our old house is in such disrepair. and, if we were not served our NOD as opposed to the NOI we should have rec'd more than likely we may still be there taking excellent care of the place. i think what made me even worse about it, was we felt like we were forced although i KNOW nj is a judicial state, doesn't matter when you get 20 calls on some days or people coming pounding on your front doors on sunday mornings to remind you to pay for a mortgage you were told BY the bank NOT to pay so you could apply for a loan mod they were never going to give you from day one. i'm GLAD now it's in writing the BANKS are responsible in NJ...good! maybe not in other states but in NJ they are!

it makes so much more sense to me now, because i know our old neighbors and their homes are worth their lives to them to see ours go to hell, has really hurt the area i'm certain. our old house use to be really nicely kept.

[tobee43]

" New Jersey has the nation’s ninth-highest percentage of loans entering the foreclosure process during the fourth quarter of 2010. State legislators have responded with the Creditor Responsibility Law. Signed into law in 2008 and amended in January 2010, the law makes lenders responsible for maintaining properties that have become abandoned during the foreclosure process. If code violations or nuisance conditions go unaddressed and the city makes repairs itself, the law allows the city to put a lien on the property and go after the lender’s assets to obtain repayment as if the lender were the title holder.New Jersey is the first state in the nation to have such a law. In Illinois, efforts to pass a similar law failed two years ago, but now another bill is on the table. House Bill 1109 would hold responsible beneficiaries, which could mean lenders, banks or trustees of mortgage-backed securities, for maintaining vacant properties on which they are foreclosing or even before they initiate foreclosure, according to Adam Gross, director of the regional affordable housing initiative at Business and Professional People for the Public Interest, a public interest law and policy center in Chicago."

just a bit more on the info. since apparenly chicago is looking at it as well.