What do you do when confronted with a disgruntled and out-of-control litigant who continually files frivolous lawsuits against the same client involving the same dispute previously resolved by a final judgment in the Superior Court of New Jersey? The short answer is you seek an injunction, as our firm successfully obtained this past week in th...
In a published decision issued on October 4, 2018, the New Jersey Appellate Division issued a controversial ruling that allows a homeowner to pursue a claim against Bank of America under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) due to the defendants' failure to identify the lender's name and address in several pre...
In this post we examine New Jersey law governing a commercial tenant's rights in the context of a foreclosure suit filed by the landlord's mortgage lender. If you are a commercial tenant whose landlord is being sued in foreclosure, or a lender contemplating whether to name a tenant in a foreclosure suit then this post is a must read. A lease betwe...
Joinder of Non-Owner Spouses in New Jersey Residential Foreclosure Cases Assume the following scenario: Ralph Kramden purchases a residential investment property while single, and obtains mortgage financing to fund the purchase price. The property Deed is in Ralph's name only, as are the mortgage and promissory note that Ralph signed in favor of ...
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