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Borough of Paramus v. 1527

Decided: November 1, 1956.

BOROUGH OF PARAMUS, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BLOCK 1527, LOTS 1-2, ASSESSED TO RIDGEWOOD PARK ESTATES, ET AL. JANET KINGSBURY TURNBULL AND HUDSON TRADING CORPORATION, CLAIMANTS-APPELLANTS



Clapp, Jayne and Francis. The opinion of the court was delivered by Francis, J.A.D.

Francis

[42 NJSuper Page 371] The Borough of Paramus instituted action under the In Rem Foreclosure Act, N.J.S.A.

54:5-104.29 et seq. to foreclose certain tax sale certificates, in one of which appellants claim an interest. Final judgment therein, barring the right of redemption and vesting the fee in the borough, was filed on January 19, 1956 and recorded in the office of the Clerk of Bergen County on February 2, 1956. Appellants moved to vacate the judgment on the ground that the proceedings were void because of certain procedural defects. The motion was argued and denied on May 18, 1956. The propriety of the ruling has been brought up for review.

The filing date of the notice of motion does not appear in the appendix as required by R.R. 1:7-1(f). The notice and supporting affidavit are dated May 1. The procedural sections of the In Rem Foreclosure Act were removed therefrom by L. 1953, c. 51. Then they were incorporated in the revised rules of practice, R.R. 4:82-7. However, section 39 of the original act, dealing with applications to reopen a final judgment in such an action, was retained. L. 1953, c. 51, ยง 91; N.J.S.A. 54:5-104.67. The section provides:

"No application shall be entertained to reopen such judgment after three months from the date of the recording thereof in the office of the county recording officer, and then only upon the grounds of lack of jurisdiction or fraud in the conduct of the action."

Since the filing date of the notice is not set forth and no issue is presented with respect thereto, it is not necessary to discuss whether the statutory time limitation or that set forth in R.R. 4:62-2 is controlling. See Teaneck Twp. v. Block 427, Lots 9-10 , 10 N.J. 386, 392 (1955).

Appellants charge that the judgment should be set aside because of failure of the borough to comply with N.J.S.A. 54:5-104.35 as amended. The section provides:

"The governing body of any municipality may, from time to time, determine, by resolution, to foreclose any of the tax sale certificates held by it, by the summary proceedings In Rem provided by this act. Such resolution shall list the lands against which such proceedings shall be instituted. Such list, to be known as the 'tax foreclosure list,' shall be prepared and certified by the tax collector. It shall

schedule the lands and certificates in numerical sequence, and shall contain the following information:

(a) Schedule number.

(b) Description of the land as it appears on the tax duplicate and in the ...


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