NJ Appellate Court Sounds Warning Bell to Lenders About Issuing Pre-Foreclosure Notices
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...
NJ Supreme Court Puts the Kaibash on Document Dumping in Pretrial Discovery
In the context of a medical malpractice suit, the NJ Supreme Court recently held that it is not permissible to answer a specific written interrogatory question in pretrial discovery by burying the information in a document dump without citing to the specific documents that are responsive to the question. Brugaletta v. Garcia, _ N.J. _ (July 25, 2...
Navigating a Commercial Tenant’s Leasehold Rights in Foreclosure
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...
Judgment Creditors Cannot Partition Property Held by Spouses as Tenants by Entirety
In a case of first impression the New Jersey Appellate Division crushed the hopes of judgment creditors from forcing a partition sale of property owned by a married couple as tenants by the entirety in order to satisfy the judgment debt obtained against only spouse. Jimenez v. Jimenez, Docket No. A-2495-16 (App. Div. May 8, 2018).
In this famil...
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