(A) All words, terms, and phrases used within this chapter shall be defined and interpreted consistent with their meanings as outlined within P.L. 2021, c. 444 as may be amended from time to time.
(B) For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CREDITOR. A state chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Residential Mortgage Lending Act," sections 1 through 21 39 of P.L. 2009, c. 53 (C.17:11C-51 through C.17:11C-89), and any entity, agent, or assignee acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. A CREDITOR shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer and excluding governmental entities as assignee or owner.
VACANT AND ABANDONED PROPERTY.
(a) The property is not legally occupied by a mortgagor or tenant, and
(b) The property is not legally reoccupied, because of at least two of the following conditions:
1. Overgrown or neglected vegetation;
2. The accumulation of newspapers, circulars, flyers, or mail on the property;
3. Disconnected gas, electric, or water utility services to the property;
4. The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
5. The accumulation of junk, litter, trash or debris on the property;
6. The absence of window treatments such as blinds, curtains or shutters;
7. The absence of furnishings and personal items;
8. Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
9. Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken and unrepaired;
10. Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
11. A risk to the health, safety or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
12. An uncorrected violation of a municipal building, housing or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
13. The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
14. A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
15. Any other reasonable indicia of abandonment.
(Ord. 408-22, passed 9-12-22)