Myron C Weinstein

September 18, 2024 | New Jersey Law Journal

"This makes a deed in lieu of foreclosure an attractive loss mitigation option for a defaulting homeowner in New Jersey," writes Myron C. Weinstein

By Myron C. Weinstein

8 minute read

November 09, 2023 | New Jersey Law Journal

The new Updated Uniform Mortgage—the most widely used form of mortgage in New Jersey today—is a gamechanger. Except for violation of the due-on-transfer clause, Section 20 gives a borrower an unlimited right to reinstate a defaulted, accelerated mortgage loan until five days before any foreclosure sale.

By Myron C. Weinstein

8 minute read

April 21, 2023 | New Jersey Law Journal

It is this article's thesis that Rosenbaum was wrongly decided: that the credit, unless waived, is still viable. Simply put, why would the Legislature afford borrowers a credit against interest payable on their mortgages that was inapplicable to all mortgages?

By Myron C. Weinstein

8 minute read

November 03, 2022 | New Jersey Law Journal

The Single Family, Fannie Mae/Freddie Mac, Uniform Mortgage, Form 3031 1/01 (uniform mortgage), used for the vast majority of residential mortgages in New Jersey, will soon be replaced (after 20 years) with the new version.

By Myron C. Weinstein

10 minute read

October 15, 2021 | New Jersey Law Journal

The author argues that one prong of New Jersey's two-pronged mortgage foreclosure standing criterion is incorrect, thereby impugning the entire standard. This raises serious questions about whether standing defenses by borrowers are being properly evaluated and justly resolved.

By Myron C. Weinstein

10 minute read

April 21, 2021 | New Jersey Law Journal

The new six-year statute of limitations, applicable under the Fair Foreclosure Act, is a game changer. The six-year period applies to residential mortgages executed on or after April 29, 2019, and runs from the date on which the debtor defaulted. But fear not; its bark is much worse than its bite.

By Myron C. Weinstein

10 minute read

May 07, 2020 | New Jersey Law Journal

It is submitted that applying New Jersey's common law "litigation privilege" in the context of mortgage payoff and reinstatement statements furnished during the foreclosure process, makes no sense.

By Myron C. Weinstein

10 minute read

November 29, 2018 | New Jersey Law Journal

Standing today is a leading issue in contested mortgage foreclosures, and New Jersey courts are using the 'Mitchell' standard to limit mortgagors' standing defenses. The crux of the problem is that 'Mitchell' is based on a mistake

By Myron C. Weinstein

10 minute read

May 29, 2014 | New Jersey Law Journal

The mortgagor's right to cure a default and receive notice prior to foreclosure originated under FannieMae/FreddieMac (long before the Fair Foreclosure Act). These contractual rights for borrowers are misunderstood and universally ignored.

By Myron C. Weinstein

9 minute read

November 07, 2013 | New Jersey Law Journal

Actual possession of the note by a mortgage assignee seeking to foreclose has somehow fallen by the wayside.

By Myron C. Weinstein

9 minute read