reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-44 - Judgment on foreclosure for unpaid installment of principal; no merger; lien of mortgage continued

2A:50-44. Judgment on foreclosure for unpaid installment of principal; no merger; lien of mortgage continued
The judgment entered in a foreclosure proceeding under authority of section 2A:50-43 of this title shall be only for the amount of the principal which would have been due as of the date of the filing of the complaint to foreclose, had there been no default, together with all interest accrued as of the date of the judgment, and costs, and shall adjudge that the mortgage shall not be deemed to have merged in the judgment, but shall remain in full force and effect as security for the principal sum remaining due thereon, after deducting the principal sum to be paid because of such default, and interest upon such principal sum to become due thereon from the date of the judgment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-45 - Sale on foreclosure for unpaid installment of principal subject to lien of mortgage

2A:50-45. Sale on foreclosure for unpaid installment of principal subject to lien of mortgage
The sale of the mortgaged premises under a foreclosure judgment entered under authority of sections 2A:50-43 and 2A:50-44 of this title shall be specifically made subject to the lien of the mortgage in the principal sum remaining due thereon as specified in the judgment, and interest on such principal sum from the date of the judgment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-46 - Foreclosure for unpaid municipal liens authorized

2A:50-46. Foreclosure for unpaid municipal liens authorized
Whenever it is provided in a mortgage, or in the evidence of debt secured thereby, that the mortgagee may claim a default for the nonpayment of any municipal lien or liens on the mortgaged premises which shall have remained unpaid for a specified time, the holder of the mortgage, the municipal lien or liens not having been paid within the specified time, may pay or purchase the lien, taking an assignment thereof, and foreclose the mortgage only for the amount due for the municipal lien or liens.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-47 - Judgment on foreclosure for unpaid municipal liens; no merger; lien of mortgage continued

2A:50-47. Judgment on foreclosure for unpaid municipal liens; no merger; lien of mortgage continued
The judgment entered in a foreclosure proceeding under authority of section 2A:50-48 of this title shall be only for the amount of the municipal lien or liens unpaid and paid or purchased by the holder of the mortgage, with interest on the amount of such lien or liens so paid or purchased by the holder of the mortgage from the date of such payment or purchase, and shall adjudge that the mortgage shall be deemed not to have merged therein, but shall remain in full force and effect as security for the principal sum due thereon, with accrued interest.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-48 - Foreclosure for either unpaid interest or installment of principal and unpaid municipal liens

2A:50-48. Foreclosure for either unpaid interest or installment of principal and unpaid municipal liens
If, at the time of the commencement of a proceeding to foreclose a mortgage for the nonpayment of interest under authority of section 2A:50-40 of this title, or the nonpayment of an installment of the principal sum due upon the mortgage under authority of section 2A:50-43 of this title, there are any municipal liens upon the mortgaged premises due and unpaid, the holder of the mortgage may pay such lien or liens and secure a judgment, not only for the unpaid interest or defaulted portion of the principal sum, but also for the amount of the municipal lien or liens by him paid, together with interest thereon from the date of the payment thereof.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-49 - Foreclosure for failure to procure insurance or pay insurance premiums authorized

2A:50-49. Foreclosure for failure to procure insurance or pay insurance premiums authorized
Whenever it is provided in a mortgage that the owner of the mortgaged premises shall keep the same insured for the benefit of the mortgagee and that, in default thereof, or upon the failure, neglect or refusal of the owner to pay any premium for such insurance protection, the mortgagee may either procure such insurance or pay any such defaulted premium in order to preserve the protection of his insurance, and add the cost of procuring such insurance or the amount paid by him for any such premium to the principal sum due on the mortgage, to be recovered upon demand or otherwise with interest from the date of such procurement or payment, or the mortgagee is given the option to declare the principal sum due on the mortgage whenever the owner fails to furnish proper insurance protection, the holder of the mortgage may, upon paying for or procuring such insurance, waive the demand for the payment of the principal sum due on the mortgage and foreclose the mortgage only for the amount paid by him to procure such insurance, with interest thereon from the date of such payment.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-50 - Judgment on foreclosure for failure to procure insurance or pay insurance premiums; no merger; lien of mortgage continued

2A:50-50. Judgment on foreclosure for failure to procure insurance or pay insurance premiums; no merger; lien of mortgage continued
The judgment in a foreclosure proceeding under authority of section 2A:50-49 of this title shall adjudge that the mortgage shall not be deemed to be merged therein, but shall remain in full force and effect as security for the principal sum due thereon and accrued interest.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-51 - No merger of fee and mortgage interest on purchase at sale by holder of mortgage; conveyance by purchaser; assignment of mortgage

2A:50-51. No merger of fee and mortgage interest on purchase at sale by holder of mortgage; conveyance by purchaser; assignment of mortgage
The purchase by the holder of the mortgage of the real estate, or any interest therein, sold under a judgment in a foreclosure authorized by this article shall not result in a merger of the fee and the mortgage interest. The real estate so purchased may be held or conveyed subject to the lien of the mortgage as stated in the judgment, and the mortgage may be assigned as a valid and subsisting lien upon the real estate therein described.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-54 - Findings, declarations on payment of home mortgages

2A:50-54. Findings, declarations on payment of home mortgages
2. The Legislature hereby finds and declares it to be the public policy of this State that homeowners should be given every opportunity to pay their home mortgages, and thus keep their homes; and that lenders will be benefited when residential mortgage debtors cure their defaults and return defaulted residential mortgage loans to performing status.
L.1995,c.244,s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-55 - Definitions.

2A:50-55 Definitions.
3. As used in this act:
"Deed in lieu of foreclosure" means a voluntary, knowing and uncoerced conveyance by the residential mortgage debtor to the residential mortgage lender of all claim, interest and estate in the property subject to the mortgage. In order for a conveyance to be voluntary, the debtor shall have received notice of, and been fully apprised of the debtor's rights as specified in section 4 of this act. For purposes of this act, "voluntarily surrendered" has the same meaning as "deed in lieu of foreclosure."
"Immediate family" means the debtor, the debtor's spouse, or the mother, father, sister, brother or child of the debtor or debtor's spouse.
"Non-residential mortgage" means a mortgage, security interest or the like which is not a residential mortgage. If a mortgage document includes separate tracts or properties, those portions of the mortgage document covering the non-residential tracts or properties shall be a non-residential mortgage.
"Obligation" means a promissory note, bond or other similar evidence of a duty to pay.
"Office" means the Office of Foreclosure within the Administrative Office of the Courts.
"Residential mortgage" means a mortgage, security interest or the like, in which the security is a residential property such as a house, real property or condominium, which is occupied, or is to be occupied, by the debtor, who is a natural person, or a member of the debtor's immediate family, as that person's residence. This act shall apply to all residential mortgages wherever made, which have as their security such a residence in the State of New Jersey, provided that the real property which is the subject of the mortgage shall not have more than four dwelling units, one of which shall be, or is planned to be, occupied by the debtor or a member of the debtor's immediate family as the debtor's or member's residence at the time the loan is originated.
"Residential mortgage debtor" or "debtor" means any person shown on the record of the residential mortgage lender as being obligated to pay the obligation secured by the residential mortgage.
"Residential mortgage lender" or "lender" means any person, corporation, or other entity which makes or holds a residential mortgage, and any person, corporation or other entity to which such residential mortgage is assigned.
"Servicer" means the person, corporation or other entity responsible for servicing a residential mortgage loan, including a residential mortgage lender who makes or holds a loan if the lender also services the loan.
"Servicing" means managing the mortgage loan account on a daily basis, including collecting and crediting periodic loan payments, managing escrow accounts, or enforcing the terms of the mortgage or note.
"Short sale" means the sale of real property in which the lender or servicer agrees to release the lien that is secured by a residential mortgage on the property upon receipt of a lesser amount than is owed on the mortgage.
L.1995, c.244, s.3; amended 2017, c.157, s.1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-56.1 - Statute of limitations relative to residential mortgage foreclosures.

2A:50-56.1 Statute of limitations relative to residential mortgage foreclosures.
1. An action to foreclose a residential mortgage shall not be commenced following the earliest of:
a. Six years from the date fixed for the making of the last payment or the maturity date set forth in the mortgage or the note, bond, or other obligation secured by the mortgage, whether the date is itself set forth or may be calculated from information contained in the mortgage or note, bond, or other obligation, except that if the date fixed for the making of the last payment or the maturity date has been extended by a written instrument, the action to foreclose shall not be commenced after six years from the extended date under the terms of the written instrument;
b. Thirty-six years from the date of recording of the mortgage, or, if the mortgage is not recorded, 36 years from the date of execution, so long as the mortgage itself does not provide for a period of repayment in excess of 30 years; or
c. Six years from the date on which the debtor defaulted, which default has not been cured, as to any of the obligations or covenants contained in the mortgage or in the note, bond, or other obligation secured by the mortgage, except that if the date to perform any of the obligations or covenants has been extended by a written instrument or payment on account has been made, the action to foreclose shall not be commenced after six years from the date on which the default or payment on account thereof occurred under the terms of the written instrument.
L.2009, c.105, s.1; amended 2019, c.67.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-56.2 - Response by servicers to offer relative to short sale.

2A:50-56.2 Response by servicers to offer relative to short sale.
2. a. A servicer shall respond to a good faith offer from a seller, seller's agent, or authorized third party to purchase the property through a short sale within 60 days of the date of the offer. A response would include an approval, a denial, or a request for further information. If the servicer decides not to approve a short sale, or fails to respond to the seller's, seller's agent's, or authorized third party's offer within 60 days, any deposit made by the buyer in connection with the purchase of the property shall be refunded in its entirety and the potential purchaser shall have no further obligation with respect to the sale or other disposition of the property.
b. Nothing in this section shall constitute a limitation on the ability of the servicer and debtor to participate in the New Jersey Judiciary's Foreclosure Mediation Program or any other form of mediation or settlement discussion, or enter into an agreement as a result of that mediation or settlement discussion.
L.2017, c.157, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-56.3 - Dismissal of action, reinstatement.

2A:50-56.3 Dismissal of action, reinstatement.
2. a. If a plaintiff's action to foreclose a residential mortgage has been dismissed without prejudice pursuant to R.4:64-8 of the Rules Governing the Courts of New Jersey of the State of New Jersey, reinstatement of the plaintiff's action may be permitted only on motion for good cause shown. Reinstatements shall be limited to three for any action, except that a reinstatement which is granted following a dismissal without prejudice that resulted from the plaintiff's compliance with federal law or regulation shall not count toward the limit established by this subsection. The fee for a plaintiff to reinstate a residential mortgage foreclosure action shall be twice the amount set for filing a foreclosure complaint. The plaintiff shall not charge or otherwise pass a reinstatement fee onto the debtor or any other person.
b. The amounts paid by plaintiffs for reinstating a mortgage pursuant to subsection a. of this section, that are over and above the amounts set for filing a foreclosure complaint, shall be aggregated and divided equally on an annual basis, with one-half dedicated to the New Jersey Housing and Mortgage Finance Agency for the purposes of funding the counseling component provided by the agency for the New Jersey Judiciary's Foreclosure Mediation Program, and one-half dedicated to the Administrative Office of the Courts for the general operations provided by the office for the New Jersey Judiciary's Foreclosure Mediation Program.
L.2019, c.69, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-56.4 - Certification of diligent inquiry.

2A:50-56.4 Certification of diligent inquiry.
1. a. In addition to any other requirements under law, regulation or court rule, in all residential mortgage foreclosure actions, an attorney filing a foreclosure complaint shall include a certification of diligent inquiry. The certification of diligent inquiry shall certify:
(1) that the attorney has communicated with an employee or employees of the plaintiff or of the plaintiff's mortgage loan servicer who: (a) personally reviewed the complaint and confirmed the accuracy of its content, based on business records kept in the regular course of business by the plaintiff or the plaintiff's mortgage loan servicer, and who, if employed by the plaintiff's mortgage loan servicer, identified the relationship between the mortgage loan servicer and the plaintiff; and (b) confirmed the authority of the mortgage loan servicer to act on behalf of the plaintiff;
(2) the names and titles, and the responsibilities in those titles, of the plaintiff's or plaintiff's mortgage loan servicer's employees with whom the attorney communicated pursuant to paragraph (1) of this section and the date and mode of communication employed to contact them;
(3) that the attorney has reviewed the facts of the case and that, based on the information received pursuant to this section and the attorney's review of the pertinent documents, to the best of the attorney's knowledge, information and belief there is a reasonable basis for the commencement of the action and that the plaintiff is currently the residential mortgage lender entitled to enforce rights under those documents; and
(4) that the attorney is aware that the failure to comply with the provisions of this section may result in the penalties provided for in subsection b. of this section or, where the failure constitutes a violation of the Rules of Professional Conduct, may include sanctions imposed by the Supreme Court of New Jersey.
b. If the court finds that the plaintiff has failed to comply with the provisions of subsection a. of this section, the court may dismiss the complaint or deny the accrual of any costs, attorney's fees and other fees relating to the mortgage debt.
L. 2021, c.337.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-57 - Curing of default

2A:50-57. Curing of default
5. a. Notwithstanding the provisions of any other law to the contrary, as to any residential mortgage for which a notice of intention to foreclose is required to be given pursuant to section 4 of this act, whether or not such required notice was in fact given, the debtor, or anyone authorized to act on the debtor's behalf, shall have the right at any time, up to the entry of final judgment or the entry by the office or the court of an order of redemption pursuant to subsection g. of section 11 of this act, to cure the default, de-accelerate and reinstate the residential mortgage by tendering the amount or performance specified in subsection b. of this section. The payment or tender shall be made to the person designated in the notice pursuant to paragraph (5) of subsection c. of section 4 of this act. The debtor may exercise the right to cure a default as to a particular mortgage and reinstate that mortgage only once every 18 months, provided, however, that this limitation shall not apply if the mortgage debtor cures a default by the date specified in paragraph (5) of subsection c. of section 4 of this act. The 18-month time period shall run from the date of cure and reinstatement.
b. To cure a default under this section, a debtor shall:
(1) pay or tender to the person identified pursuant to paragraph (5) of subsection c. of section 4 of this act, in the form of cash, cashier's check, or certified check, all sums which would have been due in the absence of default, at the time of payment or tender;
(2) perform any other obligation which the debtor would have been bound to perform in the absence of the default or the exercise of an acceleration clause, if any;
(3) pay or tender court costs, if any, and attorneys' fees in an amount which shall not exceed the amount permitted under the Rules Governing the Courts of the State of New Jersey; and
(4) pay all contractual late charges, as provided for in the note or security agreement.
c. To cure a default under this section, a debtor shall not be required to pay any charge, fee or penalty attributable to the exercise of the right to cure a default as provided for in this act.
d. Cure of a default reinstates the debtor to the same position as if the default had not occurred. It nullifies, as of the date of cure, any acceleration of any obligation under the mortgage, note or bond arising from the default.
e. If a default is cured prior to the filing of a foreclosure action, the lender shall not institute a foreclosure action for that default. If a default is cured after the filing of a foreclosure action, the lender shall give written notice of the cure to the court. Upon such notice, the court shall dismiss the action without prejudice.
f. The right to cure a default under this section is independent of any right of redemption or any other right or remedy under the common law, principles of equity, State or federal statute, or rule of court.
L.1995,c.244,s.5.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-59 - Reinstatement of mortgage relationship

2A:50-59. Reinstatement of mortgage relationship
7. If a debtor is successful in curing the default under a repayment plan approved by the United States Bankruptcy Court, the residential mortgage relationship between the parties is reinstated, and the debtor is restored to the same position held before the default or acceleration.
L.1995,c.244,s.7.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-61 - Waivers against public policy, unlawful, void

2A:50-61. Waivers against public policy, unlawful, void
9. Waivers by the debtor of rights provided pursuant to this act are against public policy, unlawful, and void, unless given after default pursuant to a workout agreement in a separate written document signed by the debtor.
L.1995,c.244,s.9.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-62 - Nonapplicability of act

2A:50-62. Nonapplicability of act
10. The provisions of sections 1 through 9 of this act shall not apply to the foreclosure of a non-residential mortgage nor to collection of the obligation by means other than enforcing the lender's lien on the residential property. A lender shall not be required to foreclose a residential mortgage and a non-residential mortgage securing the same obligation in the same proceeding.
L.1995,c.244,s.10.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-65 - Provision of judgment creditor's address for service

2A:50-65. Provision of judgment creditor's address for service
13. Any judgment creditor shall, upon entry of judgment in the office of the Clerk of the Superior Court, provide the Court with its current address for service. If the judgment creditor's address for service changes, it shall be incumbent upon the judgment creditor to effect a change of address for service by filing an appropriate form with the court in a timely manner. If any judgment creditor fails to provide the Court with a current or change of address for service, in any foreclosure proceeding, the plaintiff may, without having to first make a more diligent inquiry or publish notice in a newspaper, serve the judgment creditor by ordinary mail and certified mail at the address that is reflected in the records of the Clerk of the Superior Court. The judgment creditor shall, if known, provide the Clerk of the Court with the judgment debtor's social security number or taxpayer identification number.
L.1995,c.244,s.13.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-66 - Letter in lieu of appearance by Attorney General

2A:50-66. Letter in lieu of appearance by Attorney General
15. a. The United States Attorney for the District of New Jersey may send a letter to the Clerk of the Superior Court of New Jersey which notes the appearance of the Attorney General of the United States and states that neither an answer will be filed nor a default opposed. This letter shall be accepted by the Clerk of the Superior Court of New Jersey in lieu of an appearance by the Attorney General of the United States. The acceptance by the Clerk shall allow the foreclosing plaintiff to proceed as if the United States had filed a non-contesting answer.
b. The Attorney General of New Jersey may send a letter to the Clerk of the Superior Court of New Jersey which notes the appearance of the Attorney General of New Jersey and states that neither an answer will be filed nor a default opposed. This letter shall be accepted by the Clerk of the Superior Court of New Jersey in lieu of an appearance by the Attorney General of New Jersey. The acceptance by the Clerk shall allow the foreclosing plaintiff to proceed as if the State of New Jersey had filed a non-contesting answer.
L.1995,c.244,s.15.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-67 - Partial payment

2A:50-67. Partial payment
17. In the absence of an express agreement between the parties to the contrary, a debtor may tender, and a lender may accept, partial payment of any sum owing and due without either party waiving any rights.
L.1995,c.244,s.17.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-68 - Regulations

2A:50-68. Regulations
18. The Attorney General, in consultation with the Commissioner of Banking, shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14A-1 et seq.) necessary to implement this act, including, but not limited to, regulations governing the form and content of notices of intention to foreclose.
L.1995,c.244,s.18.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-72 - Supersedure.

2A:50-72 Supersedure.
6. The provisions of any regulation, ordinance, rule, or resolution of any municipality, county or other subdivision of the State, or any agency or instrumentality of that municipality, county or other subdivision, relating to foreclosure practices, or the extension, delay, forbearance or imposition of moratorium periods concerning foreclosures, are superseded by the provisions of the "Save New Jersey Homes Act of 2008," P.L.2008, c.86 (C.46:10B-36 et seq.) and the forbearance and nuisance abatement provisions of the "Mortgage Stabilization and Relief Act," P.L.2008, c.127 (C.55:14K-82 et al.).
L.2009, c.296, s.6.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-75 - Findings, declarations relative to foreclosure mediation; definitions.

2A:50-75 Findings, declarations relative to foreclosure mediation; definitions.
2. a. The Legislature finds and declares that the New Jersey Judiciary established a Foreclosure Mediation Program in 2008 in response to the increase in residential foreclosures. This act ensures the continuation of mediation services provided under that program to assist homeowners and lenders in pursuing a mutually agreeable alternative to mortgage foreclosure litigation and to avoid the harmful effects of residential property foreclosure on homeowners, families, and communities.
b. For the purposes of P.L.2019, c.64 (C.2A:50-74 et al.):
"Certification document" means the document that the homeowner-borrower is required to submit to the court upon the initiation of foreclosure mediation, pursuant to subsection b. of section 4 and subsection a. of section 5 of P.L.2019, c.64 (C.2A:50-77 and C.2A:50-78).
"Eligible property" means an owner-occupied one- to four-dwelling unit residence, one of which is occupied, or is planned to be occupied, by the homeowner-borrower, or a member of the homeowner-borrower's immediate family.
"Foreclosure Mediation Program" or "mediation program" means the New Jersey Judiciary's Foreclosure Mediation Program as authorized by the Supreme Court of New Jersey.
"Homeowner-borrower" means the borrower who executed the mortgage loan for an eligible property that is subject to a foreclosure complaint filed by the original residential mortgage lender or an assignee of the original residential mortgage lender.
"Trained foreclosure prevention and default mitigation counselor" means a housing counselor employed by a housing counseling agency certified by the United States Department of Housing and Urban Development, who has successfully completed a foreclosure prevention and default mitigation training course.
L.2019, c.64, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-76 - Written notice of eligibility to participate.

2A:50-76 Written notice of eligibility to participate.
3. a. A homeowner-borrower shall receive written notice from the residential mortgage lender of the option to participate in the Foreclosure Mediation Program in accordance with the court rules, procedures, and guidelines adopted by the Supreme Court at the time the homeowner-borrower receives a notice of intention to foreclose, pursuant to section 4 of P.L.1995, c.244 (C.2A:50-56). Upon the filing of a mortgage foreclosure complaint against an eligible property, the homeowner-borrower shall again receive written notice of the option to participate in the Foreclosure Mediation Program in accordance with the court rules, procedures, and guidelines adopted by the Supreme Court.
b. The written notice required pursuant to this section shall be available in both English and Spanish, and shall alert the homeowner-borrower that:
(1) pursuant to subsection b. of section 4 of P.L.2019, c.64 (C.2A:50-77), obtaining the assistance of a trained foreclosure prevention and default mitigation counselor is a prerequisite to participation in mediation; and
(2) pursuant to subsection c. of section 4 of P.L.2019, c.64 (C.2A:50-77), the homeowner-borrower is not required to pay any fees in order to participate in mediation.
L.2019, c.64, s.3; amended 2021, c.35.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-77 - Participation in mediation.

2A:50-77 Participation in mediation.
4. a. (1) A court may order mediation whenever a homeowner-borrower files an answer to a foreclosure complaint.
(2) Alternatively, the homeowner-borrower may initiate mediation in accordance with court rules. The courts shall provide the homeowner-borrower no less than 60 days following receipt of the foreclosure complaint and summons to initiate mediation.
b. The homeowner-borrower may not participate in mediation unless the certification document required pursuant to section 5 of P.L.2019, c.64 (C.2A:50-78) is submitted to the court and signed by a trained foreclosure prevention and default mitigation counselor, verifying that the homeowner-borrower is cooperating with the counselor.
c. The homeowner-borrower shall not be required to pay any fees to participate in the mediation program.
L.2019, c.64, s.4.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-78 - Certification document; attendance; sanctions, penalties.

2A:50-78 Certification document; attendance; sanctions, penalties.
5. a. Whenever a homeowner-borrower initiates mediation or is ordered to participate in the mediation program, that homeowner-borrower shall be responsible for submitting a certification document to the court, confirming that they meet the definition of a homeowner-borrower, pursuant to subsection b. of section 2 of P.L.2019, c.64 (C.2A:50-75), and that the property being foreclosed upon continues to be an eligible property pursuant to subsection b. of section 2 of P.L.2019, c.64 (C.2A:50-75). Pursuant to subsection b. of section 4 of P.L.2019, c.64 (C.2A:50-77), the certification document submitted to the court shall also be signed by the trained foreclosure prevention and default mitigation counselor, verifying that the trained foreclosure prevention and default mitigation counselor is counseling the homeowner-borrower.
b. Each party shall participate in foreclosure mediation, and shall attend the mediation session in person or by telephone through a person with the authority to consider alternatives to foreclosure so that the parties may reach a mutually acceptable loan modification, loan workout, refinancing agreement, or other resolution. If any party or attorney for a party fails to attend a mediation session, the court, in addition to any sanction the court deems appropriate, may sanction a party or attorney for a violation of this subsection with a civil penalty of up to $1,000 or allow a party to recover reasonable attorney's fees or litigation expenses, or both. In determining the type of sanction to impose against a party, the court may consider whether the conduct was intentional and whether the party has engaged in a pattern of similar conduct with respect to the current complaint or any previous complaints.
L.2019, c.64, s.5.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-79 - Recording of results, publication on website.

2A:50-79 Recording of results, publication on website.
6. The Judiciary shall record the result of each foreclosure mediation session, and compile this information into an accessible format so that the frequency of the program's success can be identified, and shall publish the compiled information on the Judiciary's Internet website. The information shall include the aggregate data regarding: the number of cases in mediation; the number of mediation sessions held; the number of mediation sessions that did not go forward because either party did not participate; the number of successful mediations delineated by loan modification, forbearance, deed in lieu of foreclosure, short sale agreement, or other agreement resulting in the dismissal of the complaint for foreclosure; and the number of homeowners against whom another complaint for foreclosure was not filed in the following two years. The information published on the Judiciary's Internet website shall be updated at least annually. However, the first report shall be published two years after the effective date of P.L.2019, c.64 (C.2A:50-74 et al.).
L.2019, c.64, s.6.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-80 - "Foreclosure Mediation Fund."

2A:50-80 "Foreclosure Mediation Fund."
7. There is created in the General Fund a dedicated, non-lapsing fund to be known as the "Foreclosure Mediation Fund," to be held separate and apart from all other funds of the State. The Foreclosure Mediation Fund shall be administered by the Administrative Office of the Courts. In each action for foreclosure, the plaintiff shall pay $155 to the clerk of the court in addition to the fee associated with the filing of the first paper. Of that $155 payment, $60 and all monies collected from each civil penalty imposed for violations of subsection b. of section 5 of P.L.2019, c.64 (C.2A:50-78), shall be deposited in the Foreclosure Mediation Fund. The monies shall be appropriated annually by the Legislature to the Administrative Office of the Courts for the purposes of the operation of the Foreclosure Mediation Program, including the compensation of mediators, and to enhance the integrity of the mortgage foreclosure review process. All interest or other income earned on monies deposited into the Foreclosure Mediation Fund, and any monies that may be appropriated or otherwise become available for the purpose of the Foreclosure Mediation Fund, shall be credited and deposited into the Foreclosure Mediation Fund. The remaining $95 collected from each filing fee shall be deposited into the New Jersey Foreclosure Counseling Fund on the first day of each calendar quarter.
L.2019, c.64, s.7; amended 2021, c.373, s.3.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-81 - Findings, declarations.

2A:50-81 Findings, declarations.
1. The Legislature finds and declares that:
a. The Foreclosure Mediation Assistance Program administered by the New Jersey Housing and Mortgage Finance Agency provides trained foreclosure prevention and default mitigation counselors for homeowner-borrowers participating in the Foreclosure Mediation Program established by the New Jersey Judiciary.
b. As provided by section 7 of the "New Jersey Foreclosure Mediation Act," P.L.2019, c.64 (C.2A:50-80), trained foreclosure prevention and default mitigation counselors are paid using a portion of funds paid by a foreclosure plaintiff in an action for foreclosure.
c. During the public health emergency declared by the Governor in Executive Order No. 103 of 2020 due to the coronavirus disease 2019 (COVID-19) pandemic, the New Jersey Housing and Mortgage Finance Agency expanded its Foreclosure Mediation Assistance Program to provide other supports to New Jersey residents including renter and pre-foreclosure counseling.
d. Since the expansion began, nearly 5,000 households have been served.
e. Sufficient funding exists for trained foreclosure prevention and default mitigation counselors to continue to provide pre-foreclosure counseling services although the public health emergency declared by the Governor in Executive Order No. 103 of 2020 has concluded.
f. In the event of a declaration of a state of emergency, persons who have been trained to provide foreclosure counseling services under the Foreclosure Mediation Assistance Program are well positioned to help disaster victims prepare and submit applications for State and federal disaster assistance.
L.2021, c.373, s.1; amended 2023, c.123, s.1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:50-82 - "New Jersey Foreclosure Counseling Fund" established.

2A:50-82 "New Jersey Foreclosure Counseling Fund" established.
2. a. There is established in the General Fund a separate, non-lapsing, dedicated account administered by the Department of Community Affairs to be known as the "New Jersey Foreclosure Counseling Fund."
b. The funds within the New Jersey Foreclosure Counseling Fund shall be paid to the New Jersey Housing and Mortgage Finance Agency no later than the 15th day of each quarter to reimburse trained foreclosure prevention and default mitigation counselors for costs expended thereby in:
(1) providing pre-foreclosure counseling services in accordance with guidance established by the New Jersey Housing and Mortgage Finance Agency and for the agency's services required under P.L.2019, c.64 (C.2A:50-74 et seq.); and
(2) providing, to homeowners and renters who have been impacted by real property damage to, or destruction on, their primary residence, as a result of an event that prompted the Governor or the President of the United States to declare a state of emergency or issue an emergency disaster declaration, assistance in the preparation and submission of applications for housing related expenses, including, but not limited to: (a) rental payments; (b) mortgage payments; (c) insurance payments; (d) property tax payments; and (e) repair, rehabilitation, or relocation assistance payments that have been made available, by the State or federal government, in response to the declared emergency or disaster.
c. The New Jersey Housing and Mortgage Finance Agency may assess up to five percent of New Jersey Foreclosure Counseling Fund's annual allocation amounts for administrative costs.
d. For purposes of this section, "trained foreclosure prevention and default mitigation counselors" shall have the same definition as in section 2 of the "New Jersey Foreclosure Mediation Act," P.L.2019, c.64 (C.2A:50-75).
L.2021, c.373, s.2; amended 2023, c.123, s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:51-1 - When authorized; proof required

2A:51-1. When authorized; proof required
2A:51-1. Where a mortgage on real estate or chattels, or both, is recorded in the office of the county clerk or register of deeds and mortgages of any county, the Superior Court in a summary or other action brought by any mortgagor or party in interest may direct the county clerk or register to cancel the mortgage of record, provided the plaintiff shall:
a. Present satisfactory proof that the principal and interest due on the mortgage have been fully paid; or
b. Deposit with the clerk of the Superior Court in the county in which the mortgage is of record any balance of principal and interest due on the mortgage according to the terms thereof; or
c. Present such special circumstances as to satisfy the court that the mortgagee and his successors, if any, in right, title and interest have no further interest in the mortgage or the debt secured thereby.
L.1951 (1st SS), c.344; amended 1991,c.91,s.106.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:51-2 - Record entry of cancellation by county clerk or register of deeds and mortgages

2A:51-2. Record entry of cancellation by county clerk or register of deeds and mortgages
When the judgment for the cancellation of record of a mortgage, or a certified copy thereof, is filed or recorded, with the county clerk or the office of the register of deeds and mortgages, if any, of the county in which the mortgage is of record, and the money due on the mortgage, if any, deposited as required by the judgment, the county clerk or register of deeds and mortgages shall discharge and cancel of record the mortgage, and shall enter on the margin of the record or registry of the mortgage, and opposite thereto the words "canceled by judgment" , entering the date of the judgment and filing, or recording the certified copy as above provided.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:51-3 - Record entry of cancellation by county clerk or register of deeds and mortgages where lands transferred to another county

2A:51-3. Record entry of cancellation by county clerk or register of deeds and mortgages where lands transferred to another county
Where, after the recording of any mortgage on real estate in any county in this state, the real estate so mortgaged shall, by an act of the legislature, be set off to another county or be transferred to the territorial limits thereof, and an action or other proceeding for the cancellation of such mortgage is or has been instituted in the county in which the mortgaged real estate is situate at the time of the institution of the proceeding, and a judgment or order in such proceeding is or has been made for the cancellation of the mortgage, the county clerk or register of deeds and mortgages, as the case may be, of the county in which the mortgage so canceled is of record, shall, upon the production and filing of a copy of such judgment or order for cancellation, certified to be a true copy by the county clerk or register of deeds and mortgages of the county in which the mortgaged real estate is situate at the time of the entry of the judgment or order, cancel and discharge the record of the mortgage and enter on the margin of the record or registry thereof, and opposite thereto, the words "canceled by judgment" , entering the date of such judgment or order and of the filing of the certified copy thereof.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:51-4 - Proceedings in county where mortgaged real estate situate valid although mortgage of record in another county

2A:51-4. Proceedings in county where mortgaged real estate situate valid although mortgage of record in another county
Any action instituted for the cancellation of a mortgage in the county in which the mortgaged real estate may be situate, shall, although the record of the mortgage so canceled may be in the county in which the real estate was situate at the time of the recording thereof, be as valid and effectual for the cancellation of the record of such mortgage in the county in which the same may be recorded, as if the proceedings had been instituted in the county in which the mortgage was recorded.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:51-5 - Payment of money deposited with county clerk; application; court order

2A:51-5. Payment of money deposited with county clerk; application; court order
Upon application of a person claiming to be entitled to moneys deposited pursuant to section 2A:51-1 of this title, the court wherein the money is deposited may make such order for the payment to him of the money, or any portion thereof, with accrued interest, as it may deem proper.
L.1951 (1st SS), c.344.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:52-1 - Action for change of name

2A:52-1. Action for change of name
2A:52-1. Any person may institute an action in Superior Court, for authority to assume another name. The complaint for a change of name shall be accompanied by a sworn affidavit stating the applicant's name, date of birth, social security number, whether or not the applicant has ever been convicted of a crime, and whether any criminal charges are pending against him and, if such convictions or pending charges exist, shall provide such details in connection therewith sufficient to readily identify the matter referred to. The sworn affidavit shall also recite that the action for a change of name is not being instituted for purposes of avoiding or obstructing criminal prosecution or for avoiding creditors or perpetrating a criminal or civil fraud. If criminal charges are pending, the applicant shall serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any pending charges. A person commits a crime of the fourth degree if he knowingly gives or causes to be given false information under this section.
L.1951 (1st SS), c.344; amended 1981,c.362,s.1, 1993,c.228,s.1.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:52-2 - Effect of judgment, copy to State Bureau of Identification

2A:52-2. Effect of judgment, copy to State Bureau of Identification
2A:52-2. Such person, from and after the day specified therefor in the judgment in the action, shall be known by the name which, by the judgment, he is authorized to assume, and by no other. The judgment for change of name shall include the applicant's social security number and date of birth. The clerk of the court shall forward a copy of the judgment to the State Bureau of Identification in the Division of State Police if the person has been convicted of a crime or if there are criminal charges pending against him.
L.1951 (1st SS), c.344; amended 1981,c.362,s.2; 1993,c.228,s.2.
2023 New Jersey Revised Statutes › Title 2A - Administration of Civil and Criminal Justice › Section 2A:52-3 - Effect of change of name on actions or other proceedings

2A:52-3. Effect of change of name on actions or other proceedings
No action, or other legal proceeding commenced in his former name against any person whose name shall have been changed pursuant to the provisions of this chapter shall, by reason of such misnomer, be abated, nor shall any relief of recovery sought thereby be prevented.
L.1951 (1st SS), c.344.