TAX FORECLOSURE PRACTICE: UPDATE 2016

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1 c TAX FORECLOSURE PRACTICE: UPDATE 2016 Moderator/Speaker Keith A. Bonchi, Esq. Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. (Northfield, Atlantic City, Rio Grande, Vineland) Speakers Adam D. Greenberg, Esq. Honig & Greenberg, L.L.C. (Cherry Hill) Sharon A. Lorenzini Paralegal Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. (Northfield. Atlantic City, Rio Grande, Vineland) Michael G. Pellegrino, Esq. Pellegrino & Feldstein, L.L.C. (Denville) Kathryn Gilbertson Shabel, Esq. Office of Foreclosure (Trenton) In cooperation with the New Jersey State Bar Association Family Law Section and the Matrimonial Lawyers Alliance S

2 2016 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey

3 Table of Contents Page Acknowledgment to Myron Weinstein 1 Tax Sale Certificate Foreclosure Procedure Myron C. Weinstein, Esq. Keith A. Bonchi, Esq. 3 Pertinent Court Rules 3 Pertinent Statutes 24 Tax Sale Process 24 In Personam Tax Sale Certificate Foreclosure Outline (Basic) 70 In Personam Tax Sale Certificate Foreclosure Procedure (Detailed) 73 Sample Certificates of Sale/Assignments of Tax Sale Certificates/ Certificate for Redemption of Tax Sale Certificate 93 Cover Letter re: Foreclosure Forms Sharon A. Lorenzini 104 Attachments Tax Foreclosure Checklist Sharon Lorenzini 105 Notice to Residential Tenants of Rights During Foreclosure 113 Notice to the Bar: Mortgage Foreclosure-Rule Relaxation (March 4, 2014) 114 List of Rules and Appendices Amended 117 Notice to the Bar: Filing Fees-Clarification of Certain Rule 1:34-6 Fees; Changes to Certain Motions 129 Common Issues in Return Notices 133 Foreclosure Action Return Checklist 135 AOC Return Notice Judgment Package Review 137 Sample Notice of Intent to Foreclose Letter 139 Comments Concerning Filing Instruction 141 Certificate of Regularity 142 Certificates of Regularity and Chancery Abstracts 143 Tax Foreclosure Worksheet 145 JEFIS Filing Comments 147 Office of the Superior Court Clerk 149 Foreclosure Processing Services 150 Public Access Reports 151 Foreclosure Filing Practices in Superior Court 153 Foreclosure Case Information Statement (FCIS) 157 Sample of More Complicated Foreclosure Complaint 159 Count in Complaint for Reformation 166 Optional Paragraph Forms for Various Subsequent Allegations 167 Unknown Owner/Unknown Claimant Allegation in Complaint 171 Rule 1:5-1 et seq. 173 Cover Letter re: Notice of Lis Pendens 175 Sheriff s Fees 177

4 Summons 178 Summons and Complaint 179 Affidavit of Service: Private Process Server 180 Notice to Absent Defendants 183 Additional Notice to Absent Defendant #1 185 Additional Sample Notice to Absent Defendant #2 187 Notice to Absent Defendants (Publication) 189 4: Notice to State (Tax Foreclosure) 193 Notice to the Attorney General Where Unknown Owners Are Joined as Defendants and State is Not a Party 195 Request for Entry of Default and Certification 197 1:5-7 Non-Military Affidavit 200 Affidavit of Non-Military Service Sources 201 Certification as to Military Service (w/ Attachment) 202 Non-Military Certification (With Department of Defense Statement Attached) 203 Non-Military Certification or Inability to Ascertain Military Status of Defendant (Combined Form) 205 Notice to the Bar: Affidavit of Non-Military Service (w/ Attachments) 207 Certification Inability to Ascertain Military Service 211 Proof of Publication 212 Certification of Posting 213 Certification of Inquiry as to Unknown Owners/Unknown Claimants 214 Certification of Inquiry 215 Certification of Mailing 217 Certification of 60 Year Search 219 Certification of Search Fees/Costs 220 Certification in Support of Search Fees/Costs 222 Certification of Plaintiff 223 Note re: Preparation of the Schedule 224 Tax Sale Certificate 225 Redemption Detail 226 Order Setting Time, Place and Amount of Redemption 227 Statement of Taxed Costs 231 Actual Statement from Sample Complaint 234 Office of Foreclosure Cost Sheet 235 Affidavit of Non-Redemption and Proof of Payment of Subsequent Taxes 237 Certification of Posting 239 Proof of Publication 240 Certification of Mailing 241 Final Judgment 243 Form of Judgment Providing for Judicial Sale 247 Certification of Mailing 250 Form of Complaint Providing for Judicial Sale 251 Form of Judgment Providing for Judicial Sale 257 Form of Execution for Judicial Sale 259 Assignment of Bid 261

5 Notice of Sale 262 Miscellaneous Additional Forms 263 Notice of Motion to Amend Complaint 265 Certification in Support of Notice of Motion to Amend Complaint 266 Order Allowing Complaint to Be Amended 267 Notice to Dismiss Party Defendants 269 Discharge of Lis Pendens 271 Notice of Dismissal 273 Warrant to Satisfy Judgment 274 Notice of Motion for Order Substituting Plaintiff 275 Certification in Support for Order Substituting Plaintiff 276 Certification of Mailing of Notice of Motion for Order Substituting Plaintiff 277 Order Substituting Plaintiff 278 Notice of Motion for Entry of Order Setting Time, Place and Amount of Redemption 279 Certification in Support of Entry of Order Setting Time, Place and Amount of Redemption 280 Certification of Mailing of Notice of Motion for Entry of Order Setting Time, Place and Amount of Redemption 281 Notice of Motion for Order for Taxed Costs 282 Certification of Redemption 283 Certification in Support of Search Fees / Costs 284 Certification as to Search Fees / Costs 285 Certification of Mailing of Notice of Motion for Order for Taxed Costs 286 Order for Taxed Costs 287 Notice of Motion for Entry of Order Allowing Name of Defendant to Be Added to the Meta Data of the Judiciary Electronic Filing System (JEFIS) 288 Certification in Support 289 Certification of Mailing 290 Order Allowing Name of Defendant Be Added to the Meta Data of the Judiciary Electronic Filing System (JEFIS) 291 Notice of Motion to Correct Names of Party Defendants 292 Certification in Support of Order Correcting Names of Party Defendants 293 Certification of Mailing 294 Order Correcting Names of Party Defendants 295 Notice of Motion for Entry of Default After Six Months 296 Certification of Default 297 Certification of Mailing of Notice of Motion for Entry of Default After Six Months 298 Order Entering Default After Six Months 299 Notice of Motion for Entry of Final Judgment 300 Certification of Mailing of Notice of Motion for Entry of Final Judgment 301 Final Judgment [Tax Foreclosure] 303 Notice of Motion for Order Appointing Guardian Ad Litem 306 Certification in Support of Order Appointing Guardian Ad Litem 307 Certification of Mailing 309

6 Order Appointing Guardian Ad Litem 310 Writ of Possession 311 Update on Procedure for Writs of Possession 314 Final Judgment [Tax Foreclosure] 315 Notice to Redeem 317 Notice of Motion to Correct Clerical Errors 318 Certification in Support of Order to Correct Clerical Errors 319 Certification of Mailing 320 Order Correcting Clerical Error 321 Notice of Motion for Order Directing Sheriff to Collect Additional Sums 322 Certification in Support of Notice of Motion for Order Directing Sheriff to Collect Additional Sums 323 Certification of Mailing of Notice of Motion for Order Directing Sheriff to Collect Additional Sums 324 Order Directing Sheriff to Collect Additional Sums 325 Certification as to Given Names of Fictitious Spouses 326 Certification of Inquiry Where Proper Given Name of Married Woman is Unknown 327 Certification as to Given Names of John Doe #1 and John Doe #2, Beneficiaries of the Said Names John Doe #1 and John Doe #2 Being Fictitious 329 Order Permitting Entry of Final Judgment Against Fictitious Defendants 330 Inquiry Outline Sharon Lorenzini 331 Owner/Individual 331 Corporations/Partnerships as Owner or Creditor 333 Financial Institutions 334 Judgment Creditors 334 Mortgagee 334 Generally 335 Attachments Westlaw Sign-On 336 Lexis Total Research System Sign In 337 The National Information Center (NIC) Home Page 338 Business Entity Status Reports 339 FDIC: Institution Directory 340 Bank List 341 Licensed Insurance Carriers 342 ALTA - Consumer Information Title Insurance Mergers 343 Search Historical Records Ancestry.com 344 Internet Phone Book 345 PeopleSmart 347 Find an Obituary 348 Social Security Death Index (SSDI) 349 Find a Grave 350 Model Certification of Diligent Inquiry 351

7 Certification of Diligent Inquiry in Support of Substituted Service on 355 Bankruptcy Material Adam Greenberg, Esq. 359 Bankruptcy and Tax Liens 361 Foreword 361 What is Bankruptcy? 362 The Automatic Stay 362 What Types of Bankruptcies Are There? 363 Chapters Nine, Twelve, and Fifteen 363 Chapter Seven 364 Chapter Thirteen 365 Chapter Eleven 367 What is a Cramdown and Can It Be Done to Tax Liens 367 Sales Free and Clear of Liens 368 Notice and the Lack Thereof 369 Must a Proof of Claim Be Filed? 371 Is the Claim Secured, Priority, or Unsecured 372 Outside Holders of Tax Sale Certificates 373 How to Properly Complete and File a Proof of Claim 373 Post-Petition Taxes 376 May a Municipality Hold a Post-Petition Tax Sale? 376 Obtaining Relief from the Automatic Stay 377 Redemption Issues 378 When is a Tax Lien a Tax Lien? 379 Forfeiture of a Tax Lien 380 Tax Foreclosure Hey, Give That Back. Maybe, Maybe Not 381 What is the Remedy to Apply? 384 About the Panelists 387