New Jersey Fair Foreclosure Act | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "New Jersey Fair Foreclosure Act"

NJ gets green light to enter final judgment of uncontested foreclosure actions

NJ gets green light to enter final judgment of uncontested foreclosure actions


“It is FURTHER ORDERED that the Office of Foreclosure is authorized to recommend the entry of final judgment pursuant to Rule 1:34-6 in uncontested actions which the procedures set forth in this Order have been followed.”


 

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US Bank National Association, v. Guillaume, et al. | New Jersey Supreme Court Says Lenders Must Be Named in Foreclosures

US Bank National Association, v. Guillaume, et al. | New Jersey Supreme Court Says Lenders Must Be Named in Foreclosures


Business Week-

New Jersey’s Supreme Court ruled documents indicating a bank’s intention to foreclose on a mortgage must name the lender before a residential property can be seized.

The case involves the foreclosure on an East Orange home owned by Maryse and Emilio Guillaume, who received a notice of intention to foreclose in May 2008. That notice included the name of the mortgage servicer, America’s Servicing Company while omitting the name of the lender. Credit Suisse AG made the loan and assigned it to US Bank National Association.

The state court in Trenton ruled today that the notice sent to the Guillaumes failed to comply with the state’s Fair Foreclosure Act, which requires the name and address of the actual lender, as well as contact information for a loan servicer. Failure to do so creates “potential for significant prejudice” to homeowners, the court said.

[BUSINESS WEEK]

SUPREME COURT OF NEW JERSEY

A-11 September Term 2011
068176

US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSAB MORTGAGEBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2006-3,
Plaintiff-Respondent,

v.

MARYSE GUILLAUME and EMILIO
GUILLAUME,
Defendants-Appellants,
and
CITY OF EAST ORANGE,
Defendant.

[ipaper docId=83026127 access_key=key-1dy350f9dun9v27dcohr height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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NJ Superior Court ‘Servicer Only Not Sufficent, By Law Must Also ID Lender’ BONY v. ELGHOSSAIN

NJ Superior Court ‘Servicer Only Not Sufficent, By Law Must Also ID Lender’ BONY v. ELGHOSSAIN


THE BANK OF NEW YORK
MELLON-fka THE BANK OF
NEW YORK TRUSTEE UNDER
THE POOLING AND SERVICING
AGREEMENT SERIES 2004-24 CB,

v

GEORGE S. ELGHOSSAIN and
MONA C. ELGHOSSAIN
,

Excerpt:

In today’s widespread foreclosure litigation, the specific fact pattern this court addresses appears not to have been squarely decided before: does a mortgage lender’s “servicer’s” Notice of Intent to Foreclose satisfy the statutory mandates that notice be provided by the lender and that the lender as well as the lender’s representative be identified in that notice. The lender and the lender’s representation must be identified in the notice. Having not done so here, the motion is deficient. The foreclosure complaint is dismissed without prejudice.

Continue below…

[ipaper docId=52568581 access_key=key-l2p6uc3asz7q113ql3z height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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