46:18-13 Action to foreclose a mortgage.
1. a. Only the established holder of a mortgage shall take action to foreclose a mortgage.
b.A person, or entity, is the "established holder of a mortgage" if that person, or entity, is:
(1)the record holder of the mortgage as established by the latest record of assignment or by the original mortgage recording in the records of the county clerk or the register of deeds and mortgages, as appropriate to the county in which the mortgaged property is located, or
(2)found to be the holder of the mortgage in a civil action joining as defendants the record holder of the mortgage, the mortgagor, and any other person known to have an interest in the mortgage.
c.The provisions of this section shall not abridge, impair, invalidate, or supersede any other rights, under law, of any person known to have an interest in a mortgage.
L.2015, c.225, s.1.
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Last modified: October 11, 2016