Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Provides defendant option to disclose disability status in foreclosure proceedings.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning foreclosures among disabled persons and supplementing chapter 50 of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Administrative Office of the Courts shall provide the defendant with the option, in an answer to a foreclosure complaint filed with the Office of Foreclosure in the Administrative Office of the Courts and in the foreclosure case information statement required pursuant to the Rules of Court, to disclose the disability status of the defendant and to include a statement from the defendant’s physician that confirms the disability status of the defendant and assesses the impact of the disability on the defendant. This requirement shall apply to a foreclosure action that involves an owner-occupied residential mortgage.
2. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill directs the Administrative Office of the Courts to allow a homeowner, in an answer to a foreclosure complaint filed with the Office of Foreclosure and in the foreclosure case information statement required pursuant to the Rules of Court, to disclose the homeowner’s disability and to include a statement from the homeowner’s physician that confirms the disability status of the homeowner and assess the impact of the disability on the homeowner. This requirement would apply to a foreclosure action that involves an owner-occupied residential mortgage.