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Photo of attorneys Shelley Slafkes and Bruce Levitt
Photo of attorneys Shelley Slafkes and Bruce Levitt
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This blog will discuss an important new case in New Jersey in the area of tax lien foreclosure. This case can be helpful to New Jersey property owners who have recently lost their property in a tax lien foreclosure.

         Imagine you own a house worth almost $500,000, but you lose the house and the equity in it because you owed about $33,000 in real estate taxes. This is exactly what happened to a property owner in a case decided by the New Jersey Court of Appeals on December 4, 2023 titled 257-261 20th Avenue Realty, LLC v. Alessandro Roberto.

In its decision the New Jersey Appellate Court relied on the recent United States Supreme Court case in Tyler v. Hennepin County, 598 U.S. 631 (2023), which held that tax lien foreclosures by municipalities when there is no sheriff sale are unconstitutional. The New Jersey appellate court expanded that ruling by holding that tax lien foreclosures done by private tax lien holders without a sheriff sale are also unconstitutional.

Before these recent Court decisions, when a N.J. tax lien foreclosure judgment was entered, the property was automatically transferred to the tax lien certificate owner, without a sheriff sale being held. As a result, many homeowners not only lost their home, but also lost a large amount of equity that had in their home.

The New Jersey Court of Appeals applied its decision to all tax lien foreclosures currently pending or that will be filed in the future. At Levitt and Slafkes, we are using these decisions to also help clients who have recently lost their homes due to a tax lien foreclosure judgment.  We do so by reopening the foreclosure judgment to help them get their homes back or at least keep some of the home equity that was lost.

Even before these decisions were entered, we successfully reopened many tax lien foreclosure judgments on behalf of our clients. These recent decisions will make it easier for us to do so in the future.

Levitt and Slafkes, P.C. Can Help with Tax Foreclosure

If you’re facing a New Jersey tax lien sale or foreclosure, or have recently lost your home to a tax lien foreclosure, contact the tax sale defense attorneys at Levitt and Slafkes, P.C. For over 30 years we have been helping homeowners fight  New Jersey mortgage and tax lien foreclosures. Give us a call at 973-323-2953 or contact us online to schedule a free consultation.

We are proudly designated as a debt relief agency by an Act of Congress. We have proudly assisted consumers in filing for Bankruptcy Relief for over 30 years. The information on this website and blogs is for general information purposes only. Nothing should be taken as legal advice for any individual case or situation.