There exists a statute, N.J.S.A. 2A:50-53. et seq, that allows for mortgage lenders to seek expedited mortgage foreclosures for residential properties that are determined to be vacant or abandoned. Those determinations are often done by process servers. In so doing, there is a risk that the person conducting those inquiries may be exposed to trespass allegations, especially when looking into a home that is actually occupied.
There is currently submitted Senate Bill 2545 that seeks to to amend N.J.S.A. 2A:50-53. et seq, to provide for planned communities to be able to appointed receivers of vacant or abandoned properties where lenders fail to seek expedited foreclosures. This is supported by the Community Associations Institute (CAI-NJ), an organization whose members consist of planned communities in New Jersey.
In our efforts to seek protection for private process servers in New Jersey, we have joined CAI-NJ in its efforts, and have submitted recommendations to Senator Ronald Rice that the bill be further amended to include an immunity from trespass provision for persons, including process servers, who conduct those inquiries. We ask you to join CAI-NJ, and NJPPSA, in support of those amendments by communicating to Senator Rice. Please mention that his proposed bill should include immunity from trespass as recommended by NJPSSA.
A big thanks to John Perez for all his efforts in this endeavor.