Emigrant Mortgage v. Costa | NJ Court Allows 'Swindled' Homeowner's Fraud Defense in Foreclosure Case

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Emigrant Mortgage v. Costa | NJ Court Allows ‘Swindled’ Homeowner’s Fraud Defense in Foreclosure Case

Emigrant Mortgage v. Costa | NJ Court Allows ‘Swindled’ Homeowner’s Fraud Defense in Foreclosure Case

NJ LAW Journal-

A New Jersey appeals court has ruled that a Burlington County woman in danger of losing her home to foreclosure can challenge the action by claiming that she took out a loan for home improvement work that was never done.

In a case that began nearly nine years ago, a three-judge Appellate Division panel, in an unpublished decision in Emigrant Mortgage v. Costa released on Monday, overturned a Burlington County Superior Court judge’s decision to dismiss Costa’s affirmative defenses against Emigrant Mortgage Co.’s foreclosure efforts.

Judges William Nugent, Heidi Currier and Richard Geiger, however, refused to reinstate Costa’s counterclaims seeking damages against Emigrant.

[NJ LAW JOURNAL]

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