Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Thursday, June 21, 2012

BOROUGH OF PITMAN VS. MONROE SAVINGS BANK, SLA A-3113-10T1


BOROUGH OF PITMAN VS. MONROE SAVINGS BANK, SLA
 A-3113-10T1

We reviewed the Law Division's denial of the Borough of
Pitman's request to require payment of Fire Code penalties that
had been assessed against the previous property owner, to Monroe
Savings Bank, a foreclosing mortgagee, which acquired title to
the property at Sheriff's sale.  We concluded payment of
assessed Fire Code violation penalties rests with the property
owner or a subsequent owner who acquires the property from the
owner.  A purchaser of the property at Sheriff's Sale is neither
a "person who purchases a property" as used in N.J.S.A. 53:27D-
210f of the Uniform Fire Safety Act nor a "subsequent owner" as
found in N.J.A.C. 5:70-2.2(e) of the Uniform Fire Safety Code. 
Enforcement of the assessed penalties may also be made against
the property by securing a judgment lien under the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-11 to -12.  That
judgment is accorded priority based on the date it is recorded. 
Because Monroe's foreclosure judgment was filed before the
Borough's civil judgment, any claim the Borough could have
enforced has been foreclosed. 03-29-12