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Current as of January 01, 2024 | Updated by Findlaw Staff
5. That the comptroller or other collecting officer shall on the receipt of the purchase money on any sale or of bonds in lieu thereof, as provided by this act, execute and deliver to the purchaser a certificate of such sale, which shall contain a covenant on the part of the city to refund the amount paid for said lands in cash, where cash was received, and to return the bonds or obligations, where bonds or obligations were received, without interest, in case the title conveyed by said sale shall prove invalid; upon surrender of the said certificate of sale and proof of service of the notice thereof as hereinafter provided, upon the owners and mortgagees of the said lands and premises, the comptroller or other collecting officer shall, after the expiration of six months from the date of such service, execute and deliver to the purchaser at such sale, his heirs, devisees and assigns, a deed for said lands and premises, which shall be sealed and attested by the clerk of the city and proved in the usual manner; and such purchaser, his heirs, legal representatives or assigns shall take a good and sufficient title to the property sold in fee simple absolute, free of all encumbrances (except taxes, assessments, water rates levied after the confirmation of said report, and except sewer assessments made and levied under the provisions of an act entitled “An act to authorize cities to construct sewers and drains and to provide for the payment of the cost thereof,” approved March eighth, one thousand eight hundred and eighty-two, when the sewer assessment on the land sold was not included in the report of the commissioners), of which the said deed shall be presumptive evidence in all courts and places, and in any proceedings or actions to be by such purchasers, his heirs, legal representatives or assigns, taken, prosecuted or defended for the recovery of the possession of the property so sold as aforesaid or in the establishment or defense of his or their title, shown as aforesaid by such deed, the title shall not fail or be defeated by reason of any irregularity or formal defect in the procedure taken under this act, upon which the sale shall have been made or the title conveyed as aforesaid, or by reason of any illegality in fixing and adjusting the tax, assessment and lien to enforce which said sale was made or in the proceeding for collecting the same; provided, the property sold was liable, at time such tax, assessment and lien was fixed and adjusted, to the imposition of a tax, assessment or lien in respect of the purposes for which such tax, assessment and lien was fixed and imposed, and it does not appear that any substantial injury was done to the owner of the property by reason of the irregular or illegal manner or method of fixing, imposing or collecting said tax, assessment and lien; the city may be a purchaser at any sale of lands under the provisions of this act, with the same right, title and effect as any other purchaser, and the certificate of sale to the city shall be delivered to the mayor, who shall on behalf of the city cause notice of the sale to be served on the owners and mortgagees of the lands so purchased, as provided in this act; upon proof of service of the notice and expiration of the period for redemption, the city shall be entitled to a deed for the property the same as any other purchaser; in all cases where any lands shall be bought by the city as aforesaid under this act, it shall be lawful for the common council or legislative body of the city, with the consent of the board or body having charge or control of its finances, to sell and assign the certificates of sale or to sell and convey such lands, or any part thereof, by a good and sufficient deed, to any person or persons, and accept either money or bonds or obligations of the city in payment therefor, on such terms as may be agreed upon and with or without warranty; provided, that if sold at private sale, the price for the land shall not be less than the amount due the city thereon when purchased.
Cite this article: FindLaw.com - New Jersey Acts Saved from Repeal ACTS SAVED 54 § 6-1(5) - last updated January 01, 2024 | https://codes.findlaw.com/nj/acts-saved-from-repeal/nj-st-sect-acts-saved-54-6-1-5/
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