July 16, 2020 | New Jersey Law Journal
NJ Supreme Court Affirms Mortgage Assignee's Right to Enforce Lost NoteThis decision provides clarity that strengthens the rights of lenders and their assignees to enforce mortgage notes, and helps borrowers avoid expensive and unnecessary litigation over what is now a nonissue.
By Erin Hodgson and Joy Harmon Sperling
9 minute read
December 27, 2018 | New Jersey Law Journal
NJ Court Confirms Standing Based on Lost Note Affidavit, When Loss Is Prior to AssignmentGiven the Appellate Division's holding in this case, lenders seeking to enforce mortgages in New Jersey now have clarity as to where the courts stand.
By Joy Harmon Sperling, Christina Parlapiano and Michelle L. Moshe
7 minute read
July 27, 2018 | New Jersey Law Journal
Court Clarifies Standing Requirements if Note and Mortgage SeparatedOP-ED: Given the confusion among many courts as to how the foreclosure process works with regard to GSE loans, the decision in "Capital One v. Peck" should be helpful.
By Rachel G. Packer and Joy Harmon Sperling
2 minute read
September 04, 2017 | New Jersey Law Journal
NJ Appellate Division Upholds Priority of Mortgage Over Life EstateThe New Jersey Appellate Division affirmed a ruling granting summary judgment in favor of a plaintiff-mortgagee and against defendants who both held a life estate in the subject property.
By Joy Harmon Sperling and Rachel G. Packer
10 minute read
February 20, 2017 | New Jersey Law Journal
Lender Filing Foreclosure Complaint Does Not Trigger Statute of LimitationsThere has been an uptick in the use of the statute of limitations as a defense in residential foreclosure actions, but lenders can rest assured that, for now, the longstanding triggers for commencement of a statute of limitations remain the same in New Jersey.
By Karen Wilson-Robinson and Joy Harmon Sperling
16 minute read
August 29, 2016 | New Jersey Law Journal
NJ Court Finds that SOL Bars Residential Foreclosure ActionThe Superior Court of New Jersey, recently rendered a decision that essentially provided the borrowers, who had failed to make even one payment on their loan, with a free house by barring the plaintiff from foreclosing on its mortgage loan.
By Joy Harmon Sperling and Rachel Packer
13 minute read
October 08, 2015 | New Jersey Law Journal
Standing to Foreclose Even if Allonge to Note Is Not AffixedThe N.J. Appellate Division found a prima facie case for foreclosure, even though the allonge to the note was not physically attached when the allonge was initially executed.
By Joy Harmon Sperling and Sarah Sakson Langstedt
6 minute read
October 08, 2015 | New Jersey Law Journal
Standing to Foreclose Even if Allonge to Note Is Not AffixedThe N.J. Appellate Division found a prima facie case for foreclosure, even though the allonge to the note was not physically attached when the allonge was initially executed.
By Joy Harmon Sperling and Sarah Sakson Langstedt
6 minute read
March 24, 2015 | New Jersey Law Journal
Borrower's Failure to Comply with TPPA Justifies Lender's Refusal to Modify LoanNew Jersey courts will require borrowers to fully comply with the terms of "trial period plan agreements" in order to reap the benefit of a further modification from their lenders.
By Joy Harmon Sperling, Christina Parlapiano and Nancy Todaro
6 minute read
March 24, 2015 | New Jersey Law Journal
Borrower's Failure to Comply with TPPA Justifies Lender's Refusal to Modify LoanNew Jersey courts will require borrowers to fully comply with the terms of "trial period plan agreements" in order to reap the benefit of a further modification from their lenders.
By Joy Harmon Sperling, Christina Parlapiano and Nancy Todaro
6 minute read
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