New Jersey’s tax sale law has drawn a constitutional challenge in light of a recent U.S. Supreme Court ruling favoring homeowners who lose equity when they become delinquent on their property taxes.
The putative class action could leave New Jersey owing millions to property owners in light of the Supreme Court’s ruling earlier this year in Tyler v. Hennepin County. In that case, the justices said that a plausible showing was made that government retention of the property’s excess value beyond the amount of the tax debt when a home faces foreclosure for delinquent taxes violated the Constitution’s Takings Clause.
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