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If your New Jersey property taxes are delinquent, the collector (on behalf of the municipality) can sell your home at a public auction, subject to your right of redemption. (N.J. Stat. 54:5-31). After the sale, the purchaser gets a "certificate of sale." (N.J. Stat. 54:5-46). If no one buys the home at the sale, the municipality gets the certificate of sale. But the person or entity that gets the certificate of sale can't get ownership of your home right away. You'll get some time to get caught up on the overdue amounts before this happens. However, you'll most likely eventually lose the property permanently if you don't pay off the debt during the redemption period after the sale. That's because the purchaser gets the right to foreclose to get title (ownership) of your home if you don't pay up.
People who own real property have to pay property taxes. The government uses the money that these taxes generate to pay for schools, public services, libraries, roads, parks, and the like. Typically, the tax amount is based on a property's assessed value. If you have a mortgage on your home, the loan servicer might collect money from you as part of the monthly mortgage payment to later pay the property taxes. The servicer pays the taxes on your behalf through an escrow account . But if the taxes aren't collected and paid through this kind of account, you must pay them directly. When homeowners don't pay their property taxes, the overdue amount becomes a lien on the property. A lien effectively makes the property act as collateral for the debt. All states have laws that allow the local government to sell a home through a tax sale process to collect delinquent taxes.
At the public auction, the property is sold (subject to the right of redemption) to the person who offers the lowest interest rate on the tax debt, which can't exceed 18%. But if at the sale a person offers a rate of interest less than 1%, or at no interest, that person may, instead of an interest rate, offer a premium over the tax amount due, including assessments and charges, and the home is sold to the bidder who offers to pay the tax amount, plus the highest amount of premium. (N.J. Stat. § 54:5-32).
Look Out for Legal Changes In this article, you'll find details on property tax sale laws in New Jersey, with citations to statutes so you can learn more. To find New Jersey's laws that discuss property tax lien certificate sales, go to Title 54, §§ 54:5-1 through 54:5-137 of the New Jersey Statutes. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consider consulting an attorney if you're facing a tax sale.
At any time before the sale, the taxpayer may pay the amount due plus interest and costs and stop the sale. (N.J. Stat. § 54:5-29).
To get ownership of your home, the purchaser that bought the property, or the municipality if no one else bids, must foreclose your "right of redemption." The right of redemption is the right to pay off the debt and prevent the loss of the property.
Many states give delinquent taxpayers the chance to pay off the amounts owed and keep the home. This process is called "redeeming" the property.
In many states, the homeowner can redeem the home after a tax sale by paying the buyer from the tax sale the amount paid (or by paying the taxes owed), plus interest, within a limited amount of time. Exactly how long the redemption period lasts varies from state to state, but usually, the homeowner gets at least a year from the sale to redeem the property.
In other states, though, the redemption period happens before the sale.
In New Jersey, the length of the redemption period depends on whether a third party was the winning bidder at the sale and whether the home is vacant.
The winning bidder must wait two years after the tax lien sale before filing a complaint in court to foreclose. (N.J. Stat. Ann. § 54:5-86). So, you get at least two years after the sale to pay off the tax debt if a third party bought the lien at the sale.
If no one bids on the lien at the tax lien sale, the municipality must wait for six months before starting the foreclosure. (N.J. Stat. Ann. § 54:5-86).
If you've abandoned (that is, permanently moved out of) the home and the property meets specific criteria under state law, the foreclosure can start immediately after the tax lien sale. (N.J. Stat. Ann. § 54:5-86).
You can redeem at any time up until the court enters a judgment in the foreclosure. (N.J. Stat. Ann. § 54:5-86, § 54:5-87).
Reopening a Judgment
If you make an application during the three months that follow the judgment, the court could reopen it. But the court will only reopen a judgment under very limited circumstances, like lack of jurisdiction or fraud in the conduct of the suit. (N.J. Stat. Ann. § 54:5-87).
If you want to redeem your home after the court enters a judgment, consider speaking to an attorney who can tell you about your options. Be aware that judgments are rarely vacated, and few arguments exist for opening the judgment.
After the redemption period expires, the purchaser or municipality can begin a foreclosure by filing a complaint (a lawsuit) with the Superior Court. (N.J. Stat. § 54:5-86). The court will eventually enter a judgment, which eliminates the right to redeem. (N.J. Stat. § 54:5-86, § 54:5-87).
Even though you'll get a redemption period after a New Jersey tax sale, in most cases, it's better to take action before you become delinquent on your taxes to make them more affordable.
You could, for example, find out if you meet the criteria for a property tax abatement or request a change in the property's assessment if you feel your assessed property value isn't reflective of the fair market value.
If you're already facing a property tax sale in New Jersey and have questions (or need help redeeming your property), consider talking to a foreclosure, tax, or real estate lawyer.