The Latest on the Community Wealth Preservation Act and Foreclosure
Date: Oct 21, 2025 12:00 p.m. – 1:40 p.m.
Location: Online
Member Price: $99.00
Non-Member Price: $125.00
Section Price: $0.00
Areas of Law: Banking, Bankruptcy, Real Estate
Earn up to 2 credits! (More Information)
Keynote
Moderator
- Lisa Chapland, Esq.
- Assistant General Counsel, Government Affairs
New Jersey State Bar Association
Presenters
- Harold G. Cohen, Esq.
- Dilworth Paxson LLP, Cherry Hill
- Lawrence J. Fineberg, Esq.
- Former Senior V.P. & Regional Counsel, Fidelity National Title Group Ret.
- Maryann Flanigan Sutherland, Esq.
- Supervising Attorney, Foreclosure Defense Project, Legal Services of New Jersey, Edison
- Rob Saltzman, Esq.
- Pluese, Becker, Saltzman & Thomas, LLC, Mount Laurel
In August, a New Jersey court struck down the “right of second refusal” in the Community Wealth Preservation Act, declaring it unconstitutional in Atlantic County Sheriffs and Joseph O’Donoghue v. State of New Jersey. The ruling echoes concerns raised by many legal practitioners since the Act was signed into law in January 2024.
The case arose after several junior lienholders across New Jersey sought to vacate sheriff’s sales in their foreclosure actions after non-profit community development corporations purchased foreclosed properties at the upset price. The lienholders argued that this practice unfairly prevented them from bidding on the properties and denied property owners the chance to recover surplus equity.
While the court has ordered that the “right of second refusal” be stricken from Act, the remainder of the Act remains in effect. Notably, the Court’s decision is not retroactive and applies only to Sheriff’s sales conducted after Aug. 28.
Join this upcoming seminar to hear from leading experts as they unpack the court’s decision and explore what it means for the future of foreclosure in New Jersey. Don’t miss this opportunity to stay ahead of the curve.
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