54:5-104.74 - Further foreclosure proceedings by municipality; title of purchaser not affected; contents of notice and complaint
54:5-104.74. Further foreclosure proceedings by municipality; title of purchaser not affected; contents of notice and complaint
Notwithstanding the prior sale of the property by the municipality, the municipality in any case, as provided for in the preceding section, shall have the right to further so foreclose or reforeclose the tax sale certificates for the purpose of correcting or overcoming any irregularity in the prior foreclosure proceeding, or to bar any outstanding right of redemption of the lands from the tax sale which resulted in the said tax sale certificate, which right was not barred by the said prior foreclosure proceeding, but could have been, in the manner provided by the act to which this act is a supplement, if that act was then in effect; provided, however, that in any such foreclosure proceeding brought pursuant to section 2 of this act the judgment of foreclosure therein obtained shall not affect the right, title and interest in said lands of the said purchaser from the municipality or of any person deriving an interest therein from, through, or by any action of, the said purchaser, and the said judgment shall bar such outstanding interests as are foreclosed for the benefit of the said purchaser and the governing body of the municipality may by resolution authorize the giving to the said purchaser a confirmatory deed.
In every such further foreclosure, or reforeclosure proceeding, brought pursuant to the provisions of sections 2 and 3 of this act, the municipality shall clearly set forth in the notice and in the complaint, that the proceeding is instituted pursuant to sections 2 and 3 of this supplemental act, and that the judgment to be obtained will specifically contain a provision giving full effect to the foregoing proviso and such judgment shall contain appropriate provisions to that effect.
L.1955, c. 278, p. 1003, s. 3.