New Jersey-2010-A584-Introduced

An Act concerning newspaper notification of sales of certain real estate and amending N.J.S.2A:61-1.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2A:61-1 is amended to read as follows:

2A:61-1. When any sheriff, coroner, master, executor, administrator, guardian, commissioner, auditor or other officer or person is authorized or required by any public statute or the direction of any court of competent jurisdiction in this State to make sales of real estate, he shall, unless otherwise specially directed or authorized by law, before making the sale, give notice of the time and place of the sale by public advertisement, signed by himself, and set up in the office of the sheriff of the county or counties where the real estate is located and at the premises to be sold, at least [3] three weeks before the time appointed for the sale. The notice need not be set up at any other place. The notice of sale shall include either a diagram of the premises or a concise statement indicating the municipality, the tax lot and block and where appropriate, the street and street number, and the dimensions of the premises, as well as the number of feet to the nearest cross street. The notice of sale shall state that the diagram or concise description does not constitute a full legal description of the premises, and shall state where the full legal description can be found.

Such officer or person shall also cause the notice to be published [4] four times, at least once a week, during [4] four consecutive weeks, in two newspapers, to be by him designated,

(a) both printed and published in the county where the real estate to be sold is located, one of which shall be either a newspaper published at the county seat of the county or a newspaper published in the municipality in the county having the largest population according to the latest census, or

(b) one printed and published in the county and one circulating in the county, if only one daily newspaper is printed and published in the county, or

(c) [one published at the county seat and one circulating in the county, if no daily newspaper is published in the county, or] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(d) both circulating in the county, if no newspapers are printed and published in the county.

The first publication shall be at least 21 days prior and the last publication not more than [8] eight days prior to the time appointed for the sale of the real estate.

Whenever, in the opinion of any such officer or person, the ends of justice shall require it, or the sale being conducted by him will be benefited thereby, the notice of sale may be published in three newspapers instead of two as required by the second paragraph of this section, if there be that number printed and published in the county where the real estate to be sold is located.

The officer or person so advertising in the newspapers shall be entitled therefor, in addition to his other fees, to the sum of $1.50, except where it is otherwise specifically provided.

(cf: P.L.1979, c.364, s.1)

2. This act shall take effect immediately.

STATEMENT

Under current law, public officers or other persons authorized or required by statute or court order to make a sale of real estate must advertise the time and place of the sale in the sheriff's office of the county where the real estate is located, as well as on the premises to be sold. The person also must publish notice of the sale four times, once a week for four consecutive weeks, in two newspapers as follows:

(1) in two newspapers printed and published in the county where the real estate to be sold is located, one of which is published at the county seat or in the municipality with the largest population in the county;

(2) if there is only one daily newspaper printed and published in the county, in one newspaper printed and published in the county and in one newspaper circulating in the county;

(3) if there is no daily newspaper published in the county, then in one newspaper published at the county seat and in one newspaper circulating in the county; or

(4) if no newspapers are printed and published in the county, then in two newspapers circulating in the county.

To further legitimize the publishing of newsprint, this bill removes the third option of publishing the notice in a newspaper published at the county seat and in a newspaper circulating in the county if there is no daily newspaper published in the county.