[Adopted 12-7-2022 by Ord. No. 26-12-2022]
A registration of properties in foreclosure is hereby established
for the Township of Evesham consistent with the provisions of P.L.
2021, c. 444.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1 et seq.
A.
Within 30 days of the effective date of this article, any creditor who has initiated a summons and complaint with the New Jersey Superior Court in an action to foreclose on a commercial and/or residential mortgage for a property located within the Township i) prior to the effective date of this article, and ii) which is pending as of the effective date of this article, shall provide notice in accordance with Subsection B of this section.
B.
Notice.
(1)
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Township, the creditor
shall notify the Township Clerk, or his/her designee, of the action.
Such notice shall include:
(a)
The address, block and lot of the subject property;
(b)
The date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing;
(c)
Whether the property is vacant and abandoned in accordance with
the definition in this chapter;
(d)
The full name, address, and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of Property Maintenance Code violations;
(e)
The full name, address, and telephone number of any persons
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; and
(f)
If the creditor is out of state, the full name, address, and
telephone number of an in-state representative or agent who shall
be responsible for any care, maintenance, security, or upkeep of the
property, and for receiving notice of complaints of property maintenance
and code violations.
(2)
The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the Township's foreclosure property registration program
within 10 days of any change in the information contained in the original
or any subsequent notices.
C.
Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this section shall:
(1)
Register the property with the Township's foreclosure property
registration program as a property in foreclosure within 30 days of
notifying the Township.
(2)
Be subject to the registration fee, notice requirements, and penalties
for noncompliance established within this article.
(3)
Update the property registration within 10 days of any change in
the information contained in the original notice to the Township.
(4)
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township.
(5)
Within 10 days of the property becoming vacant, as defined in Article II of this chapter, at any time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing the name, address, and telephone number of the creditor,
or an out-of-state creditor's in-state representative or agent,
for the purpose of receiving service of process;
(d)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or property caused by any physical condition
of the property while registered with the Township's property
registration program;
(e)
Provide proof, within 10 days of receiving a request by the
Township or its designee, that the above conditions have been satisfied;
(f)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice;
D.
If at any time the creditor is deemed to be in violation of the above
requirements, and/or if the property is deemed to be in violation
of any other applicable local or state maintenance, health, or safety
codes, the Code Official or his/her designee shall notify the creditor
using the contact information provided in the property registry established
by this chapter.
A.
An out-of-state creditor subject to the notice and registration requirements
of this article found to be in violation of the requirement to appoint
an in-state representative or agent shall be subject to a fine of
$2,500 for each day of the violation. The violation shall be deemed
to commence on the day after the creditor's initial ten- or thirty-day
requirement to notify the Township of applicable foreclosure actions.
B.
A creditor subject to the notice and registration requirements of
this article found to be in violation of any other section of this
article shall be subject to a fine of $1,500 for each day of the violation.
The violation shall be deemed to commence on the 31st day following
the creditor's receipt of a notice of violation, or if deemed
to present an imminent threat to public health and safety, on the
11th day following the creditor's receipt of such notice.
C.
If the Township expends public funds in order to abate a nuisance
or correct a violation on a commercial property in situations in which
the creditor was given notice pursuant to this chapter, but failed
to abate the nuisance or correct the violation as directed, the Township
shall have the same recourse against the creditor as it would have
against the owner of the property, including but not limited to the
recourse provided under N.J.S.A. 55:19-100 et seq.
D.
For purposes of this article, failure to file a registration statement under Article II of this chapter within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein, shall be deemed to be violations of this article.
