In an unpublished opinion issued on June 25, 2014, the New Jersey Appellate Division cited principles of equity in rejecting a homeowner's request to vacate a sheriff’s sale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.
In an unpublished decision issued on July 31, 2014, a Bergen County Chancery Judge fined a mortgage lender over $26,000 in legal fees for violating the New Jersey Consumer Fraud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.
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 , Unpublished, April 30, 2014).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.
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.