Dorothy Secol, CLA
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My previous newsletter entitled “Expedited Foreclosure of Vacant and Abandoned Properties” is supplemented below to give you the process through which the foreclosure may be obtained. This is a relaxation of R.4:64-1, providing for summary foreclosure procedure which was signed into law on December 3, 2012.

In my previous newsletter I explained the necessary conditions that must exist in order that the Court will find the property to be vacant and unoccupied. Listed below is the procedure one must follow in order to perfect the foreclosure.

The Lender may file an action seeking summary foreclosure proceedings or file an application to proceed in a summary manner in an existing foreclosure matter. The application for summary judgment must be filed with the Office of Administrative Law , Office of Foreclosure which may recommend entry of final judgment.

Plaintiff will plead facts to show vacancy and include the affidavit or certification of amount due to establish the judgment amount. Said affidavit or certification will be served upon the defendant.

The Plaintiff must also attempt to provide notice of the summary proceeds and demonstrate two unsuccessful attempts to serve the mortgagor – 72 hours apart and at different times of the day.

For properties determined to be abandoned, notices of motion for entry of judgment and of tenants’ rights are no longer required.

The court may enter final judgment on the return date of the order to show cause or order to proceed summarily as long as there are sufficient proofs.

The Court will not enter final judgment if the residence is found to be occupied or if a defendant has filed an answer, entered an appearance or otherwise challenged the foreclosure in writing.

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