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Not Every Error Justifies Vacating a Sheriff’s Sale When it Would Serve no Purpose, says NJ Appellate Court

Posted by December 1, 2014

In an unpublished opinion issued on June 25, 2014, the New Jersey Appellate Division cited principles of equity in rejecting a homeowner's request to vacate a sheriff’s sale based on his allegation of not receiving notice of the sale date in strict compliance with New Jersey Court Rule 4:65-2.  The Court affirmed the Chancery Judge's ruling ... Read More.

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Bergen County Chancery Judge Hits Mortgage Lender With $26,000 in Counsel Fees For Violating New Jersey Consumer Fraud Act

Posted by August 5, 2014 , , , ,

In an unpublished decision issued on July 31, 2014, a Bergen County Chancery Judge fined a mortgage lender over $26,000 in legal fees for violating the New Jersey Consumer Fraud Act in connection with a residential loan refinance involving a then 70-year old woman residing in Englewood, New Jersey.  Freedom Mortgage Corp. v. Mamie E. Major, Superi ... Read More.

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Mortgage Lender Hit with $54,000 Legal Fee in Doomed Foreclosure Case

Posted by May 1, 2014

In a stunning reversal of fortune, HSBC Bank was ordered to pay over $54,000 in legal fees incurred by homeowners who successfully fended off a foreclosure suit based on HSBC's inability to prove ownership of the underlying mortgage and note.   HSBC Bank vs. Nini, A-1941-11T1 (App. Div. , Unpublished, April 30, 2014). According to the Appellate ... Read More.

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Voiding a New Jersey Real Estate Tax Foreclosure Judgment Due to Defective Service of Legal Process

Posted by November 17, 2013

In New Jersey, a homeowner can lose his or her home for failure to pay real estate taxes to the town/city where the property is located. Unlike mortgage foreclosure cases where the property is required to go to a judicial sale and the homeowner is given one final shot to save the home by "redeeming" or paying off the judgment within 10 days from t ... Read More.

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