Search Rutgers Law Library N.J. Court Opinions

16 HSBC BANK, USA v. CARLOS POLANCO -- rank: 710

... appropriate notice of entry of default pursuant to the FFA, N.J.S.A. 2A:50-56(c). On November 16, 2009, the court entered final judgment ... information of the loan servicer, not the lender. Relying on N.J.S.A. 2A:50-56(c)(ll) 7 of the FFA and Appellate and Chancery ... supra , slip op. at 5, 37. The Court held that N.J.S.A. 2A:50-56(c)(ll) requires foreclosing plaintiffs to list the name and ... foreclosure complaint in which the NOI does not comply with N.J.S.A. 2A:50-56(c)(11) has the discretion to fashion a variety of ... Rules , comment l on R. 4:64-l (2012). 7 N.J.S.A. 2A:50-56(c)(ll) requires the notice to conspicuously state: the name ...

docket:	a2896-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-21
status:	unpublished
citation:
Document Size:	34775

17 /usr/local/share/www/libweb/collections/courts/appellate/a3416-16.opn.html -- rank: 689

... that the NOI was served upon defendant in accordance with N.J.S.A. 2A:50-56 because it was served 'at the address of the property ... and [m]ortgage are made. The clearly stated intent of N.J.S.A. [] 2A:50-56[] is to make the debtor aware of the name and ... to a debtor prior to the commencement of foreclosure proceedings. N.J.S.A. 2A:50- -56(a). In relevant part, the NOI shall 'clearly and conspicuously ... s calculation of the amount required to cure the default. [N.J.S.A. 2A:50-56(c)(11).] As we recognized in our May 30, 2018 ... foreclosure complaint in which the [NOI] does not comply with N.J.S.A. 2A:50-56(c)(11) may dismiss the action without prejudice, order the ... commencement of any foreclosure proceedings at the subject property, see N.J.S.A. 2A:50-56(a) to (b), and was reasonably calculated to give ...

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Document Size:	12296

18 NATION STAR MORTGAGE, LLC v. JOHN D. ARMSTRONG -- rank: 683

... FORECLOSE IN VIOLATION OF THE FAIR FORECLOSURE ACT (FFA) – N.J.S.A. 2A:50-56 / 2A:50-53 ET SEQ. II. PLAINTIFF FAILED TO COMPLY ... trial court's interpretation of the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-56, is de novo. See D'Agostino v. Maldonado, 216 N ... notice of intent to foreclose (NOI), pursuant to the FFA, N.J.S.A. 2A:50-56. We reject the argument - asserted by plaintiff and accepted by ... in advance of such action as provided in this section. [N.J.S.A. 2A:50-56(a).] In construing the statute, we first consider 'the literal ... as a result of the failure to give such notice.' N.J.S.A. 2A:50-56 (e). Hence, the lender's obligation to serve a federally ... For example, 'a court adjudicating a foreclosure action in which N.J.S.A. 2A:50-56(c)(11) is violated may dismiss the action without ...

docket:	a3795-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-20
status:	unpublished
citation:
Document Size:	27919

19 FRANK N. GARRUTO v. LORRAINE CANNICI -- rank: 680

... by the six-year and twenty-year statute of limitations. N.J.S.A. 2A:50-56.1(a),(c). The judge also found that Frank failed ... account thereof occurred under the terms of the written instrument. [ N.J.S.A. 2A:50-56.1.] By its terms, the maturity date of the mortgage was November 28, 1994 and, therefore, under N.J.S.A. 2A:50-56.1(a), the within action should have been commenced by ... uncovered in Marie's records), and she defaulted thereafter, under N.J.S.A. 2A:50-56.1(c), the within action should have been commenced by ... that under the Fair Foreclosure Act's statute of limitations, N.J.S.A. 2A:50-56.1, absent a modification of the mortgage, Frank's claims ...

docket:	a5639-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	32750

20 BANK OF NEW YORK v. ALEXANDER T.J. CUPO -- rank: 656

... assignor Countrywide Home Loans failed to satisfy the requirements under N.J.S.A. 2A:50-56. After reviewing the record before us, we reverse and remand ... action, and failed to comply with the notice requirements in N.J.S.A. 2A:50-56. Plaintiff argued that defendant had not established excusable neglect nor ... defendant argues that plaintiff failed to provide notice, pursuant to N.J.S.A. 2A:50-56(c), that defendant could sell his home prior to going ... argument substantially for the reasons expressed by the trial court. N.J.S.A. 2A:50-56(c) requires, in relevant part: The written notice shall clearly ... only requires that language to be in [the notice under N.J.S.A. 2A:50-56(c)] if that right exists, and in this case, as ... agree with the trial judge's analysis and ultimate conclusion. N.J.S.A. 2A:50-56(c) does not require the lender to notify the ...

docket:	a1212-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-28
status:	unpublished
citation:
Document Size:	24229

21 BLANCA GONZALEZ v. WILSHIRE CREDIT CORPORATION and U.S. BANK NATIONAL ASSOCIATION -- rank: 653

... the right to cure after foreclosure proceedings have been commenced. N.J.S.A. 2A:50-56. As stated previously, Wilshire was ordered to serve this notice ...

docket:	a2634-08
court:	superior court appellate division
decided:	1997-03-14
status:	published
citation:	411 N.J. Super. 582 988 A.2d 567
Document Size:	73945

22 CHO HUNG BANK v. KI SUNG KIM et al. -- rank: 650

... the secured obligations.     The legislative objective of FFA expressed in N.J.S.A. 2A:50-56 sets forth in considerable detail the steps required of a ... obligation under the mortgage. See footnote 5 5 Compliance with N.J.S.A. 2A:50-56 must be set forth in the pleadings of a foreclosure ... estate; Footnote: 5      5 See Appendix A for text of N.J.S.A. 2A:50-56. This archive is a service of Rutgers School of Law ...

docket:	a5720-01
court:	njappellate
decided:	2003-06-25
status:	published
citation:	361 N.J. Super. 331
Document Size:	27536

23 WELLS FARGO BANK, N.A. v. JAYNE A. GARNER -- rank: 650

... Stull , 378 N.J. Super. 449 , 456 (App. Div. 2005). N.J.S.A. 2A:50-56(c)(11) requires "foreclosure plaintiffs list on the notice of ... opportunities to satisfy accumulated arrearages and bring their loan current. N.J.S.A. 2A:50-56(a). See Chaudhri , supra , 400 N.J. Super. at 137 ... s refusal to dismiss the foreclosure complaint for violation of N.J.S.A. 2A:50-56(c)(11) was appropriate). Affirmed. 1 Neither party has included ...

docket:	a2919-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-31
status:	unpublished
citation:
Document Size:	28937

24 MARATHON STRUCTURED ASSET SOLUTIONS TRUST v. KIRBY COMBS -- rank: 644

... TO THE NEW JERSEY PROVISION OF THE FAIR FORECLOSURE ACT N.J.S.A 2A:50-56 (C) (11). POINT III : THE COURT DID ERR IN DENYING ... to the CFA. B. FFA Combs argues that pursuant to N.J.S.A. 2A:50-56(c)(11), 8 the judgment of foreclosure should be vacated ... Option One was the holder of Combs' mortgage. Pursuant to N.J.S.A. 2A:50-56(a), if an individual defaults on a mortgage, a lender ... s calculation of the amount required to cure the default. [ N.J.S.A. 2A:50-56(c)(11).] This archive is a service of Rutgers School ...

docket:	a1731-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-12
status:	unpublished
citation:
Document Size:	29935

25 INDYMAC VENTURE, LLC v. ERNEST HEMSCHOT III -- rank: 641

... residential mortgage obligation and commencing any foreclosure or related proceedings. N.J.S.A. 2A:50-56. A "residential mortgage" is a mortgage, security interest or the ... Guillaume , 209 N.J. 449 , 479 (2012) (citation omitted) (quoting N.J.S.A. 2A:50-56(c)). In Guillaume , our Supreme Court concluded a trial court ... service of a notice of intention that does not satisfy N.J.S.A. 2A:50-56(c)(11). A trial court adjudicating a foreclosure complaint in which the notice of intention does not comply with N.J.S.A. 2A:50-56(c)(11) may dismiss the action without prejudice, order the ...

docket:	a4738-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-09
status:	unpublished
citation:
Document Size:	32474

26 ALICIA BANQUEZ v. DEUTSCHE BANK NATIONAL TRUST COMPANY -- rank: 641

... Foreclose (NOI) as required by the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-56. Both notices contained contact information concerning the loan servicer but ... year period. The express purpose of the NOI requirement in N.J.S.A. 2A:50-56 is "to provide notice that makes 'the debtor aware of ... a lender to file a foreclosure proceeding in this State, N.J.S.A. 2A:50-56, the complaint does not allege that violation of the FFA ...

docket:	a3705-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	33071

27 CHARLES WRIGHT v. v. APPELLATE DIVISION BANK OF AMERICA, N.A. -- rank: 638

... that the lender's identity and address must be provided, N.J.S.A. 2A:50-56(c)(11), is not satisfied when only the name and ...

docket:	a2358-15
court:	NJ Superior Court Appellate Division
decided:	2018-10-04
status:	Published
citation:	456 N.J.Super. 328 194 A.3d 101
Document Size:	19322

28 EMC MORTGAGE CORPORATION v. ISHAQUE CHAUDHRI -- rank: 635

... s calculation of the amount required to cure the default. [ N.J.S.A. 2A:50-56(c).] The FFA does not state the resultant consequences if ... mail and first class mail satisfies the statutory requirements of N.J.S.A. 2A:50-56. Nothing more is required. The Chaudhris' contention that "notice" was ... judgment to the Chaudhris because of a perceived noncompliance with N.J.S.A. 2A:50-56. The evidence of record proves otherwise. As further justification to ... EMC is not required to exceed the notice provisions of N.J.S.A. 2A:50-56, and sending the statutory notice of intent to foreclose by ...

docket:	a5261-06
court:	njappellate
decided:	2008-04-21
status:	published
citation:	*CITE_PENDING*
Document Size:	102342

29 NDF1, LLC v. EDWARD KITCHEN -- rank: 635

... defendant's argument that the action was time-barred under N.J.S.A. 2A:50-56.1 was simply wrong. Because the maturity date set forth ... note matured, to file suit to foreclose the mortgage under N.J.S.A. 2A:50-56.1, notwithstanding defendant's 2008 default. The judge rejected defendant ... N.J. Super. 546 (App. Div. 2018), until 2009 when N.J.S.A. 2A:50-56.1 became law, the statute of limitations in a residential foreclosure was twenty years. Id. at 547. On enactment, N.J.S.A. 2A:50-56.1 permitted a mortgagee to institute suit to foreclose a ... is, January 16, 2022. Although the Legislature has since amended N.J.S.A. 2A:50-56.1 to shorten the statute of limitations in a residential ...

docket:	a3725-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-08
status:	Unpublished
citation:
Document Size:	16413

30 WELLS FARGO BANK, N.A v. NUBIA DOMINGUEZ -- rank: 629

... prior to filing the foreclosure complaint did not comply with N.J.S.A. 2A:50-56(c)(11), a provision of the Fair Foreclosure Act (FFA ... least 30 days in advance" of commencing a foreclosure action. N.J.S.A. 2A:50-56(a). "The notice of intention is a central component of ... other things, provide "the name and address of the lender." N.J.S.A. 2A:50-56(c)(11). The term "lender" is statutorily defined as "any ... may correct by service of a notice that conforms with N.J.S.A. 2A:50-56(c)(11). We have considered whether it would be appropriate ...

docket:	a0539-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-08
status:	unpublished
citation:
Document Size:	29557