Sturdy Savings Bank v. Roberts, F-15764-10; Chancery Division, Cape May County; opinion by Todd, P.J.Ch.; decided February 21, 2012; approved for publication June 25, 2012. DDS No. 34-4-6754 [17 pp.]
Gary W. and Wanda S. Roberts purchased a single-family home using a loan secured by a mortgage. They occupied the property on purchase but vacated it before this foreclosure action was filed. Sturdy Savings Bank, the foreclosing mortgagee, seeks a determination that the mortgage is not a residential mortgage, permitting it to proceed without having to comply with certain provisions of the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to 2A:50-68, and Rules 4:64-1(a)(2) and 4:64-2(d).
