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Bill > S3999


NJ S3999

NJ S3999
Exempts creditor from paying municipal property registration fee if property is subject to automatic stay under federal Bankruptcy Code.


summary

Introduced
01/14/2025
In Committee
05/12/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill exempts certain creditors from payment of a property registration fee for as long as the property remains subject to the automatic stay provision of the federal Bankruptcy Code. Current law, section 3 of P.L.2021, c.444 (C.40:48-2.12s3), authorizes a municipality, by ordinance, to require a foreclosing creditor to register property, and to impose an annual fee on the creditor for registering the property. Under the bill, a creditor who has sought the protection of the federal Bankruptcy Code, and who is protected by the automatic stay provision of the federal Bankruptcy Code, would be excused from the payment of the property registration fees authorized by section 3 of P.L.2021, c.444 (C.40:48-2.12s3).

AI Summary

This bill modifies existing New Jersey law regarding property registration fees for properties in foreclosure by exempting creditors from paying these fees under specific bankruptcy circumstances. Currently, municipalities can require creditors to register properties in foreclosure and pay an annual fee of up to $500 per property, with an additional $2,000 fee if the property is vacant or abandoned. The bill now stipulates that a creditor will not be required to pay these annual fees if the property is subject to an automatic stay under either Chapter 7 or Chapter 13 of the federal Bankruptcy Code, and this automatic stay has not been vacated. The automatic stay is a legal provision that temporarily prevents creditors from pursuing collection activities or foreclosure proceedings against a debtor who has filed for bankruptcy. This change provides financial relief to creditors during bankruptcy proceedings by removing the municipal property registration fee burden during the period when legal actions are paused. The bill aims to reduce financial strain on creditors navigating bankruptcy while maintaining the municipality's broader property registration and monitoring objectives.

Committee Categories

Budget and Finance, Housing and Urban Affairs

Sponsors (2)

Last Action

Referred to Senate Budget and Appropriations Committee (on 05/12/2025)

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