File #: 24-1043    Version: 1 Name: Resolution authorizing an In-Rem Tax Foreclosure
Type: Resolution Status: Adopted
File created: 7/23/2024 In control: Finance
On agenda: 8/7/2024 Final action: 8/7/2024
Title: Dept/ Agency: Finance Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Authorizing the Foreclosure of 22 properties List of Property: (Address/Block/Lot/Ward) See Exhibit A (attached) Additional Information: Resolution authorizes the In-Rem Tax Foreclosure of 22 Tax Sale Certificates and related properties on the 2024 Tax Foreclosure List (Exhibit A).
Sponsors: Council of the Whole

Title

Dept/ Agency: Finance

Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending

Purpose: Authorizing the Foreclosure of 22 properties

List of Property:

(Address/Block/Lot/Ward)

See Exhibit A (attached)                    

Additional Information: 

Resolution authorizes the In-Rem Tax Foreclosure of 22 Tax Sale Certificates and related properties on the 2024 Tax Foreclosure List (Exhibit A).

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WHEREAS, the City of Newark (the “City”) is currently holding Tax Sale Certificates relating to various properties; and

 

WHEREAS, pursuant to N.J.S.A. 54:5-104.35 the Tax Collector of the City of Newark prepared and certified the  2024 Tax Foreclosure List, consisting of 22 properties, which is included as Exhibit A; and

 

WHEREAS, in accordance with the In-Rem Foreclosure Act of 1948, N.J.S.A. 54:5-104.29 et seq., and the laws amendatory and supplementary thereto for the eligible Tax Sale Certificates, the City of Newark wishes to commence with In-Rem Foreclosure proceedings.

 

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE OF NEWARK, NEW JERSEY, THAT:

 

1.                     The City of Newark shall commence with In-rem Tax Foreclosure proceedings in accordance with the In-Rem Tax Foreclosure Act (1948), N.J.S.A. 54:5-104.29 et seq., and the laws amendatory and supplementary thereto, and pursuant to the rules governing civil practice in the Courts of the State of New Jersey for eligible Tax Sale Certificates held by it, and the relating property, as listed on the 2024  Tax Foreclosure List (Exhibit A) appended hereto and made a part hereof, which was prepared and certified by the Tax Collector. In the event that there are Federal Liens on the property, the City may Foreclose In-Personam with a Sheriff’s sale to remove any Federal Liens.

 

2.                     The Tax Collector is the custodian of the 2024 Tax Foreclosure List (Exhibit A), and shall perform all work required to allow the City to foreclose the Tax Sale Certificates for the properties listed therein.

 

3.                     The Corporation Counsel and/or his designee shall perform all required legal processes to foreclose on the Tax Sale Certificates for the 22 properties identified on the 2024 Tax Foreclosure List (Exhibit A).

 

4.                     The amount to redeem as shown on Exhibit A does not include the 2024 second half billing, any delinquent water/sewer, or other municipal charges, and the interest shown is calculated to December 31, 2024. Therefore upon redemption, the amount to redeem will be adjusted accordingly to the date of redemption, along with all fees, costs and any other municipal charges that may accrue as authorized by New Jersey State Statutes, Court Rules and Regulations.

 

5.                     The Corporation Counsel and/or his designee with the consent of the Tax Collector and/or her authorized designee, shall have the authority to enter into Consent Orders or Stipulations of Dismissals where it is found that the actions were instituted erroneously or the Tax Sale Certificates were redeemed and the Tax Collector and/or her designee is authorized to remove accounts for administrative reasons.

 

6.                     The redeeming party shall pay the statutory amount to redeem including all allowable fees and costs authorized by Statute, Court Rules and Regulations via Certified Bank funds only.

 

7.                     Upon redemption, the fees and costs incurred by the City of Newark as permitted Law shall be collected as follows:

 

a). Eight Hundred Dollars and Zero Cents ($800.00) will be assessed upon adoption of this Resolution and collected upon redemption before Final Judgment is entered; or

 

b). an additional One Thousand Three Hundred Dollars and Zero Cents ($1,300.00) will be assessed if redemption occurs after Final Judgment Is entered.

 

 

STATEMENT

 

This Resolution authorizes the In-Rem Tax Foreclosure of 22 Tax Sale Certificates and related properties on the 2024 Tax Foreclosure List attached as Exhibit A.