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Mr Zimmerman was helpful and kind and prompt . He always answers his phone and that is refreshing . I will be using him for my bankruptcy in the future. He is one of the good ones . He is an outstanding attorney who truley care . He made ev...
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Mr. Zimmermann is a fantastic bankruptcy attorney who handled my case with care, efficiency and urgency. We were able to beat a judgement against me in the nick of time, and I truly feel a sense of relief due to the services of Mr. Zimmerma...
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This Lawyer will go above and beyond for you. As well as show tremendous empathy for those who are vulnerable and scared. His compassion to help civilian's shows through his actions and with his word. When he says he is going to call he cal...
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I’ve worked with Mr.Zimmerman on two different legal issues. In both instances he was fantastic! He is extremely knowledgeable and compassionate and able to breakdown a course of action into language anyone can understand. I would highly re...
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I highly recommend Mr. Zimmermann as an attorny. I recently purchased an investment property and boy was he helpful. He was easily available, very clear in explaining various concepts, laws and regulations, and provided very helpful tips o...
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- posted: Feb. 26, 2025
For many years, New Jersey homeowners who had trouble paying property taxes or fees faced a potentially devastating double penalty. If the situation deteriorated to the point where their municipality sold their home in a tax sale, not only would they lose their residence, but all of the equity they had built up over the years. Under the state's previous Tax Sale Law, municipalities could foreclose on properties with delinquent taxes or fees, allowing lienholders to acquire the property and any equity beyond the owed amount. From there, the new owners could make large, quick profits while the original owners walked away with nothing.
A 2023 decision of the U.S. Supreme Court, Tyler v. Hennepin County, held that the Fifth Amendment's Takings Clause prohibits governments from seizing more than what is owed in tax-related foreclosures. The case involved a 94-year-old woman who lost her home over a small tax debt, with the county retaining the excess proceeds from the property's sale—a practice deemed unconstitutional by the Court.
Accordingly, New Jersey lawmakers enacted legislation in July 2024 to amend the state's Tax Sale Law. The new law prohibits lienholders from retaining surplus equity from tax foreclosure sales, mandating that any excess proceeds be returned to the original property owners or their heirs. However, the new rule did not address the unjust losses experienced by New Jersey residents under the old standard.
One case centered on a property owner who faced foreclosure due to $606 in unpaid sewer bills and claimed that he lost as much as $500,000 in equity. On January 9, the New Jersey Supreme Court unanimously ruled in 257-261 20th Avenue v. Roberto that homeowners facing foreclosure over minor unpaid taxes or fees have the right to pay their debts and retain their properties. This ruling directly affects cases decided before Tyler v. Hennepin County but still under appeal.
The New Jersey Supreme Court's decision reinforces property rights and prevents "home equity theft" in the state. It emphasizes that governmental entities and lienholders cannot profit from minor tax delinquencies by seizing property equity beyond the owed amount. This ruling provides a crucial safeguard for homeowners, particularly those vulnerable to losing significant equity over relatively small debts.
You still have rights even if you’ve fallen behind on mortgage or tax obligations. The Law Offices of James C. Zimmermann assists New Jersey residents with matters relating to deficiency judgments and other issues related to foreclosure efforts. To discuss your situation in our Vernon, Wayne, Pompton Lakes, Hackensack or Nutley location, please call [ln::phone] or contact us online.
