Terms Used In New Jersey Statutes 46:10B-49.1

  • certified mail: include private express carrier service, provided that the private express carrier service provides confirmation of mailing. See New Jersey Statutes 1:1-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
1. a. The Department of Community Affairs shall produce a database that details the extent to which residential properties in this State are under foreclosure pursuant to the “Fair Foreclosure Act,” P.L.1995, c.244 (C. 2A:50-53 et seq.). The department shall develop, maintain, and update the database based upon information submitted to the department by residential mortgage lenders pursuant to section 2 of P.L.2019, c.134 (C. 46:10B-49.2), and information obtained from any other public sources.

b. The database shall contain:

(1) The address of each residential property under foreclosure and the county, municipality, lot and block number;

(2) the current owner of record; and

(3) the date the notice of intention to foreclose was sent to the residential mortgage debtor by registered or certified mail, return receipt requested.

c. The database shall be considered confidential and shall be used only by the department, the county clerks, the county registers of deeds and mortgages, the county sheriffs, the Administrative Office of the Courts and such other agencies as the Commissioner of Community Affairs designates, except that a municipality shall have access to the database only with respect to information pertaining to the geographical area within the municipality’s jurisdiction. The database shall not be subject to public access, inspection or copying pursuant to P.L.1963, c.73 (C. 47:1A-1 et seq.) or the common law concerning access to public records.

d. The Commissioner of Community Affairs may adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), to effectuate the provisions of P.L.2019, c.134 (C. 46:10B-49.1 et al.).

L.2019, c.134, s.1.

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