Joy Harmon Sperling

Joy Harmon Sperling

July 16, 2020 | New Jersey Law Journal

NJ Supreme Court Affirms Mortgage Assignee's Right to Enforce Lost Note

This 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 Assignment

Given 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 Separated

OP-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 Estate

The 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 Limitations

There 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 Action

The 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 Affixed

The 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 Affixed

The 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 Loan

New 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 Loan

New 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