2A:45-4 - Action;  judgment;  operation and effect

2A:45-4.  Action;  judgment;  operation and effect
On the return of the notice, duly served, or on appearance for the state, the action may proceed as in other cases, and a judgment therein shall bind the  state and the lien of the state cut off, the same as if the judgment had been  made against an individual.  The claim of the state shall be made out of the  surplus, if any, in the order or priority in which the lien of the state stands.  In an action to foreclose the equity of redemption under a sale for taxes or other municipal liens or in any action of strict foreclosure or reforeclosure there may be entered a judgment barring and extinguishing any lien of the state on the lands described in the complaint, in case (a) no answer shall be made by the state;  or (b) where a disclaimer shall be filed by  the state;  or (c) where it shall be determined that the lien of the tax or  assessment or any part thereof or the lien or encumbrance so foreclosed is prior to the lien or encumbrance of the state.
 
L.1951 (1st SS), c.344