New Jersey Courts Require Homeowners to Act Promptly in Defense of Foreclosure

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New Jersey Courts Require Homeowners to Act Promptly in Defense of Foreclosure

New Jersey Courts Require Homeowners to Act Promptly in Defense of Foreclosure

The New Jersey Appellate Division found that homeowners’ excessive delay in raising their standing arguments precluded potential defenses and affirmed that a foreclosure judgment received by a party lacking standing is not necessarily void.

JD SUPRA-

On November 14, 2012, the New Jersey Appellate Division affirmed an order denying the defendants/homeowners’ motion to vacate a final judgment of foreclosure entered on March 17, 2009 and their application to further restrain a sheriff’s sale. Nearly three and half years after being served with the foreclosure complaint and over two years after plaintiff obtained a final foreclosure judgment, the defendants/homeowners filed an order to show cause seeking to stay the pending sheriff’s sale and to vacate the 2009 final judgment as void and for other reasons justifying relief from the judgment pursuant to New Jersey Court Rule 4:50-1 (d) and (f). The defendants/homeowners argued that the plaintiff lacked standing to file the foreclosure complaint because it did not take an assignment of mortgage until after the complaint was filed.

[JD SUPRA]

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2 Responses to “New Jersey Courts Require Homeowners to Act Promptly in Defense of Foreclosure”

  1. JIMI says:

    shamful nj court of appeal forgeting that there is no statue of limitation on fraud, fraud is fraud when it is discoverd
    thats just show us that the court in nj look the other way at
    banksters fraud whatever judge made this rulling need to go home fast

  2. keepon says:

    Petition the Obama Administration to:

    Halt Forclosures Nationwide & Prosecute the Financial Criminals

    https://petitions.whitehouse.gov/petition/halt-foreclosures-nationwide-prosecute-financial-criminals/FdVJLnKK?utm_source=wh.gov&utm_medium=shorturl&utm_campaign=shorturl

    created 11/14/12 25,000 total signatures needed
    as of 11/20: 46 signatures! 24,954 needed

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