Credit: djedzura Why Do Courts Ignore the Mortgage Foreclosure Exception to the ECD?
The courts have worked with the preconceived notion that the Entire Controversy Doctrine applies to foreclosure litigation, when it does not.
October 14, 2020 at 12:00 PM
10 minute read
The fallout from the Great Recession put a tremendous amount of pressure on our foreclosure courts. The biggest failure of our judiciary, and something that needs to be discussed and reviewed in light of what is likely about to come, was the unconstitutional denial of jury trials to homeowners.
I have been practicing consumer rights law, and foreclosure in particular, for 13 years. With one exception, in an unpublished Appellate Division decision [Genid v. J.P. Morgan Chase & Co., No. A-2570-14T2, 2016 N.J. Super. Unpub. LEXIS 2636 (App. Div. Dec. 12, 2016)], erroneously rejected by later full panels [Adelman v. BSI Fin. Servs., 453 N.J. Super. 31 (App. Div. 2018) and others following], no courts honor the borrower's right to a jury trial.
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