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
