Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:50-11. Penal sum of bond may be expressed in sum of debt; recovery for true amount Whenever a bond secured by a mortgage shall be given for the same debt, the penal sum of the bond may be expressed in the sum of the debt instead of in a sum double the amount of the debt. In an…

2A:50-12. Prior judgments by confession validated L.1911, c. 354, p. 740 (R.S. 2:65-8), entitled "A supplement to an act entitled "supplement to an act entitled "an act concerning proceedings on bonds and mortgages given for the same indebtedness and the foreclosure and sale of m…

2A:50-13. Parties to foreclosure action by trustee or fiduciary From and after May 29, 1937, it shall not be necessary to make any cestui que trustent, ward, beneficiary, holder of bonds, certificates, shares or other interests in a mortgage, parties to any action brought by any …

2A:50-14. Validation of sales where cestuis que trustent not made parties to foreclosure proceedings L.1938, c. 62, p. 168, entitled "An act validating the sale of certain lands, tenements, hereditaments or real estate made under any decree, judgment or order of any court of this…

2A:50-15. Parties to foreclosure action against trustee or fiduciary It shall not be necessary in any action to foreclose any mortgage or mortgages to join as party or parties defendant any cestui que trust or cestuis que trustent of any interest, right, claim, or title, held in,…

2A:50-16. Action on bond secured by mortgage or by ejectment by mortgagee for possession; redemption by mortgagor; satisfaction and discharge of mortgage by court Section 1 of an act entitled "An act concerning mortgages" (revision), approved March 27, 1874 (Rev.1877, p. 701, s. …

2A:50-17. Suit to compel payment of amount due mortgagee or to foreclose equity of redemption; order or decree before hearing of cause Section 2 of an act entitled "An act concerning mortgages" (revision), approved March 27, 1874 (Rev.1877, p. 702, s. 2; R.S. 2:65-10), saved from…

2A:50-18. Exceptions to sections 2A:50-16 and 2A:50-17 Section 3 of an act entitled "An act concerning mortgages" (revision), approved March 27, 1874 (Rev.1877, p. 703, s. 3; R.S. 2:65-11), saved from repeal. [The provisions of this section are indicated in the above section head…

2A:50-19. Sale of mortgaged premises by sheriff or other officer In all foreclosure actions the sheriff or other officer directed to sell mortgaged premises shall make such sale and report thereof and execute such conveyance as the court shall order and direct. L.1951 (1st SS), c…

2A:50-2. Order of proceedings; foreclosure; action on bond; limitations; parties Except as otherwise provided, all proceedings to collect any debt secured by a mortgage on real property, shall be as follows: First, a foreclosure of the mortgage; and Second, an action on the bond …

2A:50-2.1. Time for bringing action on note for deficiency In the case of a mortgage given to secure a debt evidenced by a note, where foreclosure proceedings are instituted within the time prescribed by the Statute of Limitations, action on the note for any deficiency may be com…

2A:50-2.2. Agreement to waive rights; invalidity Any express agreement made or entered into by a borrower at the time of or in connection with the making of or renewal of any loan secured by a mortgage, or thereafter, whereby the borrower agrees to waive the rights, or privileges…

2A:50-2.3. Application of act This act shall not apply to proceedings to collect a debt evidenced by a note and secured by a mortgage on real property in the following instances: a. Where the debt secured is for a business or commercial purpose other than a two-family, three-fami…

2A:50-2.4. Severability If any provision or section of this act shall be held to be unconstitutional, said provision or section shall be exscinded and the remainder of the provisions and sections of the act as amended or supplemented shall be and remain valid with the same effect…

2A:50-20. Title conveyed by sheriff's deed notwithstanding misnomer of certain defendants R.S. 2:65-13 as am.L.1948, c. 378, p. 1557, s. 3, saved from repeal. [This section provides that the sheriff's deed shall be valid despite the fact that any defendant who may have been made …

2A:50-21. Bar of equity of redemption If a mortgagee or those holding under him shall be in possession of the real estate specified in the mortgage, or any part thereof, for 20 years after a default of payment by the mortgagor, the right or equity of redemption in the mortgage sh…

2A:50-22. Action against person assuming payment of mortgage debt No action to enforce an agreement, express or implied, to assume or guarantee the payment of any mortgage, or of any bond or note secured by a mortgage, shall be maintained against a person making such agreement un…

2A:50-23. Retroactive effect This article shall be applicable to all agreements, express or implied, to assume the payment of any bond secured by a mortgage, whether heretofore or hereafter made. In the case of such agreements heretofore made, the time within which the action may…

2A:50-24. Determination of fair value as prima facie evidence In any action specified in section 2A:50-22 of this title wherein the fair value of the mortgaged premises is in issue and such fair value has been determined in any prior action or proceeding, such determination shall…

2A:50-25. Determination of rights and interests of parties In any action specified in section 2A:50-22 of this title the court shall by the judgment therein entered determine the respective rights and interests of all of the parties as between themselves and all of the other part…

2A:50-26. When provisions of sections 2A:50-6 and 2A:50-7 applicable to action Whenever the bringing of any action specified in section 2A:50-22 of this title shall revive the right to redeem the mortgaged premises and shall open the foreclosure and sale of the mortgaged premises…

2A:50-27. No provisions of chapter repealed or superseded by article Nothing contained in this article shall be deemed to repeal or supersede any of the provisions of this chapter. L.1951 (1st SS), c.344.

2A:50-28. Actions commenced before July 3, 1947 This article shall not apply to any action commenced prior to July 3, 1947. L.1951 (1st SS), c.344.

2A:50-29. Allowance of set-offs In any action for the foreclosure of a mortgage, just set-offs shall be allowed, whether the holder of the mortgage is a party plaintiff or defendant. L.1951 (1st SS), c.344.

2A:50-3. Answer disputing amount of deficiency; determination of amount The obligor in any bond or note specified in section 2A:50-2 of this Title, with respect to any bond given after March 29, 1933, and with respect to any note given after the effective date of this amendatory …

2A:50-30. Persons having unrecorded liens or claims not recorded or filed against property; effect of foreclosure judgment; coming in as parties In any action for the foreclosure of a mortgage upon real or personal property in this state, all persons claiming an interest in or an…

2A:50-31. Sale pending foreclosure When, in an action for the foreclosure or satisfaction of a mortgage covering real or personal property, or both, the property mortgaged is of such a character or so situated as to make it liable to deteriorate in value or to make its care or pr…

2A:50-32. Satisfaction of judgment for foreclosure and sale When a judgment for the foreclosure and sale of mortgaged premises is paid and satisfied, other than by a sale of the premises, satisfaction thereof shall be entered by the clerk by virtue of a duly acknowledged or prove…

2A:50-33. Sale of entire premises when whole amount not due; disposition of proceeds When, in cases where the whole sum secured by a mortgage is not due, a judgment of the court shall be made for the sale of the mortgaged premises, either for the nonpayment of any portion or inst…

2A:50-34. Gross sum in lieu of dower, curtesy, life estate or estate for years If, upon the foreclosure of any mortgage and the sale of the premises therein described, there shall be paid into court moneys representing an estate in dower or for life or for years, or an estate by …

2A:50-35. Payment of surplus from sale to executor or administrator When the mortgagor or the person owning the mortgaged premises is dead at the time of the sale thereof under foreclosure, the court may, if it deems it expedient or necessary for the proper administration of the …

2A:50-36. When sale under execution authorized; issue and record of writ In any civil action for the foreclosure or satisfaction of any mortgage, the superior court may order a sale of the mortgaged premises, or such part thereof as shall be sufficient to discharge the mortgage o…

2A:50-37. Sale and conveyance of premises; estate conveyed; disposition of proceeds; application for surplus The sheriff or other officer to whom a writ of execution under section 2A:50-36 of this title shall be directed and delivered shall make sale pursuant to the command of su…

2A:50-38. Charges where amount due not in excess of $300 In any foreclosure of a mortgage and sale of the mortgaged premises, where the amount due does not exceed $300, the charges for official services shall be one-half the amount allowed by law where the amount due exceeds $300…

2A:50-39. Mortgages to which article applies This article shall apply to any mortgage in force May 2, 1932, or thereafter executed and delivered, but it shall not affect any foreclosure proceeding commenced prior to said date. L.1951 (1st SS), c.344.

2A:50-4. Judgment in action on bond as opening foreclosure and sale; right of redemption; time for bringing action to redeem If, after the foreclosure and sale of mortgaged premises, the person entitled to the debt shall recover a judgment in an action on the bond or note for any…

2A:50-40. Foreclosure for unpaid interest authorized The holder of a mortgage, under the terms of which the mortgagor has agreed to pay the mortgagee a certain specified sum or sums of money at certain future time or times as therein specified, or as specified in the evidence of …

2A:50-41. Judgment on foreclosure for unpaid interest; no merger; lien of mortgage continued The judgment entered in a foreclosure proceeding under authority of section 2A:50-40 of this title shall be only for the amount of unpaid interest due under the terms of the mortgage to t…

2A:50-42. Sale on foreclosure for unpaid interest subject to lien of mortgage The sale of the mortgaged premises under a foreclosure judgment under authority of sections 2A:50-40 and 2A:50-41 of this title shall be specifically made subject to the lien of the mortgage in the full…

2A:50-43. Foreclosure for unpaid installment of principal authorized Whenever, under the terms of a mortgage it is provided that there shall be paid on account of the principal sum secured thereby any payment on account thereof, due at a time or times therein specified, the holde…

2A:50-44. Judgment on foreclosure for unpaid installment of principal; no merger; lien of mortgage continued The judgment entered in a foreclosure proceeding under authority of section 2A:50-43 of this title shall be only for the amount of the principal which would have been due …

2A:50-45. Sale on foreclosure for unpaid installment of principal subject to lien of mortgage The sale of the mortgaged premises under a foreclosure judgment entered under authority of sections 2A:50-43 and 2A:50-44 of this title shall be specifically made subject to the lien of …

2A:50-46. Foreclosure for unpaid municipal liens authorized Whenever it is provided in a mortgage, or in the evidence of debt secured thereby, that the mortgagee may claim a default for the nonpayment of any municipal lien or liens on the mortgaged premises which shall have remai…

2A:50-47. Judgment on foreclosure for unpaid municipal liens; no merger; lien of mortgage continued The judgment entered in a foreclosure proceeding under authority of section 2A:50-48 of this title shall be only for the amount of the municipal lien or liens unpaid and paid or pu…

2A:50-48. Foreclosure for either unpaid interest or installment of principal and unpaid municipal liens If, at the time of the commencement of a proceeding to foreclose a mortgage for the nonpayment of interest under authority of section 2A:50-40 of this title, or the nonpayment …

2A:50-49. Foreclosure for failure to procure insurance or pay insurance premiums authorized Whenever it is provided in a mortgage that the owner of the mortgaged premises shall keep the same insured for the benefit of the mortgagee and that, in default thereof, or upon the failur…