93 A.3d 332
N.J.2014Background
- Princeton Office Park, L.P. purchased a large commercial property in Lawrence Township in 1998 and failed to pay real estate taxes.
- By 2005 Princeton owed $204,296.79 in back taxes and penalties to Lawrence Township.
- Lawrence Township conducted a public auction of tax liens on December 19, 2005; Plymouth Park Tax Services won the bid with a zero percent interest rate and paid $204,296.79 plus a $600,100 premium and $100 sale costs.
- The winning bidder obtained a tax sale certificate under N.J.S.A. 54:5-32, and Princeton was obligated to redeem for $204,396.79 (plus accrued charges) under N.J.S.A. 54:5-58.
- Plymouth Park paid taxes through mid-2008; redemption amount accrued interest at 18% annually under N.J.S.A. 54:4-67 and 54:5-6.
- Plymouth Park foreclosed in Chancery Division (Dec 18, 2007); by June 6, 2008 the redemption amount was set at $1,012,188.80. Princeton later filed for Chapter 11 bankruptcy (Sept. 9, 2008).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a tax sale certificate purchaser holds a tax lien. | Princeton Park argues no tax lien is created by a tax sale certificate. | Plymouth Park contends the certificate creates a tax lien derived from the tax debt. | Yes; the purchaser holds a tax lien. |
Key Cases Cited
- Varsolona v. Breen Capital Servs. Corp., 180 N.J. 605 (New Jersey, 2004) (Tax sale law enables municipalities to raise revenue via sale of certificates)
- Simon v. Cronecker, 189 N.J. 304 (New Jersey, 2007) (Tax lien and its relation to municipal power and collection)
- Kopec, 473 B.R. 601 (Bankr. D. N.J., 2012) (Creditor's lien derived from tax delinquency under tax sale framework)
- Ramos v. Passaic City, 19 N.J. Tax 97 (Tax Court, 2000) (Tax delinquency survivals and amendments shaping tax liens)
- Twp. of Jefferson v. Block 447A, Lot 10, 228 N.J. Super. 1 (App. Div. 1988) (Certificate holder succeeds to lien interest of the taxing district)
