N.J. Stat. Ann. § 55:17-1 et seq. § 55:17-8

Remedies to holder of mortgage loan

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyEviction & Just Cause

Operative Text

N.J. Stat. Ann. § 55:17-1 et seq. § 55:17-8
In order to provide additional and supplemental remedies to the holder of a mortgage loan on a project, which remedies are deemed necessary and appropriate to the feasibility of making private funds available to finance a project, the holder of a loan may, in addition to any other remedy available by contract or by law:

(a) enter into possession of the project and operate the same, or engage some other person, association or corporation to do so;

(b) receive by transfer at least a majority of the capital stock of the mortgagor and assume operation and control of such mortgagor;

(c) receive and accept a deed or deeds of all of the right, title and interest of the mortgagor in and to the project and to enter into possession thereof and operate the same, or engage some other person to do so;

(d) apply to the Superior Court, Chancery Division, for the entry of a judgment of strict foreclosure in respect to any person or persons holding any claim or lien in respect to the project or the mortgagor, junior to that of the mortgage loan; and in such proceedings the court may provide for such marshaling of assets and application thereof as may be appropriate to maintain the relative positions of the parties;

(e) institute suit and recover judgment upon the underlying loan obligation without being first required to proceed with foreclosure on the mortgage;

(f) proceed to foreclosure of the mortgage, separately from or together with suit on the underlying obligation, and public sale of the project under the supervision and control of the court, to any person, association or corporation willing and able to assume the performance of the terms and provisions of the lease or financial arrangement, either by literal compliance therewith or by means of proper separate records for the project of the nature provided for in this act, all as the court may direct, in order that the highest possible bid may be realized while preserving and maintaining the position of the governmental body or agency under the lease or financial arrangement;

(g) pursue any remedy available either under this act or otherwise either in its own name or through a subsidiary or affiliate, and for such purpose any holder of a mortgage loan is authorized to cause such subsidiary or affiliate to be formed, to hold the stock thereof either in its own name or that of nominee or nominees, without regard to the restriction or limitations of any other law.

L.1967, c. 304, s. 8, eff. Feb. 15, 1968.
Source: Legislative text reproduced verbatim
Plain English

N.J.S.A. 55:17-8 establishes a set of expanded legal remedies available to lenders who hold mortgage loans on qualifying housing projects. These remedies—ranging from taking possession of a project and operating it, to receiving a transfer of majority stock in the borrowing entity, to pursuing strict foreclosure through the Superior Court, Chancery Division—are designed to make private financing more feasible for such projects. The provision also allows lenders to act through subsidiaries or affiliates and to pursue remedies under their own name or through those entities, supplementing whatever rights already exist under contract or general law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners and developers who have financed a project under this framework should be aware that N.J.S.A. 55:17-8 grants their lender a broad array of enforcement tools that go beyond standard mortgage remedies. A compliant operator generally maintains clear records and adheres to the terms of any lease or financial arrangement, since the provision explicitly contemplates court-supervised public sales to parties willing and able to assume those obligations. Understanding the full scope of lender rights under this section—including the possibility of a lender taking operational control or pursuing strict foreclosure—is part of responsible project management.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants residing in projects subject to N.J.S.A. 55:17-8 should know that this provision governs what a mortgage lender can do when a project owner defaults, including taking possession of the property or transferring it through court-supervised foreclosure. The provision requires that any new operator or purchaser in a foreclosure sale be willing and able to assume the existing lease or financial arrangement terms, which may offer some continuity of tenancy protections. Tenants who believe their housing situation is being affected by lender enforcement actions under this section may wish to consult a tenant-rights organization or legal aid service to understand what protections apply to their specific circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions