N.J. Stat. § 54:5-98

Current through L. 2024, c. 40.

Section 54:5-98 - Redemption; fees and costs; time and place

a. After the complaint has been filed redemption shall be made in that cause only, provided notice of the suit has been filed in the office of the tax collector. Such redemption shall be subject to the fixing of attorney's fees and costs at any time during the course of the action. In such proceedings the court may order that the redemption shall be made to the tax collector of the municipality at his official office during business hours, except in cases where the tax collector is a part-time official with no regular municipal office, in which case it may order that the redemption shall be made to the clerk of the county in which the premises lie.

b. After the notice of intention to file a complaint has been served pursuant to section 7 of P.L.1965, c.187 (C.54:5-97.1) but before the foreclosure complaint is filed, the holder of the tax sale certificate shall be reimbursed for the following expenses actually incurred, which expenses shall be added to the amount required to redeem the tax sale certificate and certified by the holder of the tax sale certificate to the tax collector:

(1) a foreclosure or title search fee, not to exceed $350;

(2) the postage and certified mailing costs for notices required under section 7 of P.L.1965, c.187 (C.54:5-97.1);

(3) reasonable attorney's fees, not to exceed $150; and

(4) any fees paid to a municipality for the calculation of the amount due to redeem the tax lien.

c. If an action to foreclose the right of redemption has been filed, the plaintiff or the holder of the tax sale certificate shall be reimbursed the following amounts for each property to be foreclosed, which amounts shall be added to the amount required to redeem the tax sale certificate:

(1) attorney's fees in the amount of $2,500, which amount shall be deemed reasonable for both the preparation and the filing of the action to foreclose the right to redeem the tax sale certificate;

(2) in exceptional circumstances or in the event of litigation or bankruptcy, any additional reasonable attorney's fees that are incurred and specifically requested by the plaintiff or holder of a tax sale certificate and approved by the court, on a case-by-case basis, through the date on which any litigation has finally concluded; and

(3) the following reasonable expenses, provided that the counsel of the plaintiff or the holder of a tax sale certificate provides a signed affidavit attesting that such expenses actually were incurred by the plaintiff or the tax sale certificate holder:

(a) all filing fees charged by the court;

(b) all reasonable service of process fees, or fees for service of any pleadings require by the Rules of Court or by the court, including fees for attempting to serve process;

(c) all reasonable fees incurred for skip traces, registered agent searches, and other reasonable fees incurred to locate any party for service of process;

(d) a title or foreclosure search fee not to exceed $350, except in circumstances of an exceptionally complicated title, an application may be made to the court to increase the title or foreclosure search fee;

(e) if a second, updated title or foreclosure search is conducted, an update search fee not to exceed $100;

(f) publication fees charged by a newspaper of general circulation in the county in which the property is located or otherwise required by the Rules of Court or order of the court;

(g) posting fees;

(h) estate search costs;

(i) postage, certified mail, and photocopying expenses;

(j) actual cost to record and discharge notice of lis pendens and in rem complaint;

(k) all sheriff's office fees, including, but not limited to, commission or expense for scheduling a sheriff's sale of the property;

(l) abandoned property certification reports not to exceed $350;

(m) any fees paid to a municipality for the calculation of the amount due to redeem the tax lien;

(n) in exceptional circumstances or in the event of litigation or bankruptcy, any additional reasonable expenses that are incurred and specifically requested by the plaintiff or holder of a tax sale certificate and approved by a court, on a case-by-case basis through the date on which any litigation is concluded; and

(o) any other reasonable expenses incurred by the plaintiff or the holder of the tax sale certificate in locating and effectuating service on any party named as a defendant in the complaint.

N.J.S. § 54:5-98

Amended by L. 2024, c. 39,s. 5, eff. 7/10/2024, app. to any tax lien for which the right of redemption has not been foreclosed as of the effective date of this act. This act shall have no effect on any foreclosure action in which a final judgment has been entered prior to the effective date of this act.

Amended by L.1953, c.51, p.901, s.51; L.1965, c.187, s.8.