Search Rutgers Law Library N.J. Court Opinions

16 INDIAN FIELD HOMEOWNERS ASSOCIATION, INC v. MR. FRANK CICERALE -- rank: 646

... derived his title . . . .') (internal quotation marks omitted). Additionally, pursuant to N.J.S.A. 54:5-89.1: [i]n any action to foreclose the right of redemption ... encumbrances were effectively extinguished by the foreclosure judgments pursuant to N.J.S.A. 54:5-89.1 and N.J.S.A. 54:5-104.65. Turning ...

docket:	a3687-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-09
status:	Unpublished
citation:
Document Size:	56161

17 BLITEI, LLC v. HAJNALKA KOVACS -- rank: 621

... fair market value' for the property interest, as required by N.J.S.A. 54:5-89.1.3 As defendant tendered redemption monies prior to judicial review ... to plaintiff's contention, the court concluded 'Cronecker supports 3 N.J.S.A. 54:5-89.1 provides, in part, that a person claiming an interest in ... court to establish the substantive ['fair market value'] component of N.J.S.A. 54:5-89.1 before tendering redemption.' Stated differently, plaintiff argues '[d]efendant's ... adequacy of consideration offered for the property interest.' Ibid. (quoting N.J.S.A. 54:5-89.1). The Court further explained, '[w]hen a person attempts to ... by a third-party investor.' Id. at 343-44 (citing N.J.S.A. 54:5-89.1). Accordingly, as the third-party investor purchased the tax sale ...

docket:	a2954-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-05
status:	Unpublished
citation:
Document Size:	28431

18 FARGIL REALTY, LLC v. BROADWAY AUTO PARTS FIRST NATIONAL BANK -- rank: 613

... of the rights of the original parties'). Next, relying on N.J.S.A. 54:5-89.1, Simon v. Cronecker, 189 N.J. 304 (2007), and Simon ... owners.' Id. at 318. 'In the post-foreclosure complaint period,' N.J.S.A. 54:5-89.1 and 54:5- 98 'mandate intervention by a third-party ...

docket:	a4809-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-09
status:	Unpublished
citation:
Document Size:	23386

19 WESTWOOD INVESTMENT CO., LLC v. BANKERS TRUST COMPANY -- rank: 608

... process because they lacked a recorded interest in the property; N.J.S.A. 54:5-89.1 binds appellants to the final judgment; and Westwood, Oakhurst and ... been made against him as one of the defendants therein . [ N.J.S.A. 54:5-89.1 (emphasis added).] The judgment vests in the plaintiff "an absolute ... search indicating they may have had judgments affecting the property. N.J.S.A. 54:5-89.1, discussed more fully infra , treats anyone with an unrecorded interest ...

docket:	a4913-08
court:	superior court appellate division
decided:	2010-07-20
status:	Unpublished
citation:
Document Size:	44234

20 PHOENIX FUNDING, INC v. SHARTANE KRUTE - -- rank: 606

... J. 304 , 335-38 (2007) (discussing the requirements imposed by N.J.S.A. 54:5-89.1, N.J.S.A. 54:5-98, and R. 4 ... plainly stated in N.J.S.A. 54:5-98, N.J.S.A. 54:5-89.1 and Rule 4:64-6(b). See Cronecker , supra , 189 ... 54:5-54, N.J.S.A. 54:5-86, N.J.S.A. 54:5-89.1 and N.J.S.A. 54:5-98 and comparing ... intervene. In Cronecker the Supreme Court construed the applicable statutes, N.J.S.A. 54:5-89.1 and 54:5-98, and, as noted above, concluded that ... The substantive protection for the property owner is afforded by N.J.S.A. 54:5-89.1, which, in pertinent part, provides: No person . . . shall . . . have the ... a party to an instrument for little or no consideration . . . . [ N.J.S.A. 54:5-89.1 (emphasis added).] Taken together, N.J.S.A. 54: ...

docket:	a1706-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-10
status:	published
citation:	403 N.J. Super. 261 958 A.2d 73
Document Size:	50855

21 MICHAEL FABRIKANT v. GERALDINE MITCHELL -- rank: 589

... party investor/contract purchaser who had not intervened pursuant to N.J.S.A. 54:5-89.1. Following a trial after which he determined the purchase price ... to protect property owners from exploitation by third-party investors. N.J.S.A. 54:5-89.1, -98; see Cherokee Equities , supra , 382 N.J. Super. at ... the $85,000 consideration was more than nominal consideration under N.J.S.A. 54:5-89.1. Cherrystone further argues that the Crone c ker intervention procedure ... finding that the $85,000 consideration was more than nominal. N.J.S.A. 54:5-89.1 bars a person from intervening as a party in a ... property owner. In the end, more than nominal consideration under N.J.S.A. 54:5-89.1 means consideration that is not insubstantial under all the circumstances ...

docket:	a4516-05
court:	njappellate
decided:	2008-02-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	59498

22 EBURY RE LLC v. GLENIS A. DE LA CRUZ -- rank: 586

... argues the judge lacked the equitable power to deviate from N.J.S.A. 54:5-89.1. Plaintiff contends N.J.S.A. 54:5-89.1 mandates that a party with an unrecorded interest at the ... returns upon redemption.' Id. at 329. Plaintiff seeks to invoke N.J.S.A. 54:5-89.1 to bar Deutsche Bank from filing an answer and redeeming ... prevails over Rule 4:50-1, providing relief from judgments. N.J.S.A. 54:5-89.1 provides, in part, as follows: In any action to foreclose ...

docket:	a0734-18
court:	NJ Superior Court Appellate Division
decided:	2006-00-01
status:	Unpublished
citation:
Document Size:	20740

23 EQUITY TRUST CO. v. MATTHEW LUCAS -- rank: 574

... redeem the property. In UDSNJ's application it recognized, under N.J.S.A. 54:5-89.1, that it was required to intervene to redeem the property ... value for the 2010 tax sale certificate, as required by N.J.S.A. 54:5-89.1, foreclosed intervention and redemption. The judge entered final judgment for ... certificate; and interpreted the meaning of fair market value in N.J.S.A. 54:5-89.1 too strictly, which unconstitutionally restricted the alienability of the 2010 ... certificate on the property at fair market value. The statute, N.J.S.A. 54:5-89.1, states in pertinent part: In any action to foreclose the ... of the complaint. [(Emphasis added).] In 2021, the Legislature amended N.J.S.A. 54:5-89.1 'to bar investors from redeeming when acquiring, after the filing ...

docket:	a3843-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-13
status:	Unpublished
citation:
Document Size:	20879

24 AMERICAN TAX FUNDING, LLC v. OSCAR CHARLES DAVIS, JR. -- rank: 571

... complaint redemption "shall be made in that cause only") and N.J.S.A. 54:5-89.1 (equitable interest holders are bound by the results of the ... s owners must not be insubstantial. Id. at 335. See N.J.S.A. 54:5-89.1 (third-party investor shall not have the right to redeem ... is assured. Cronecker , supra , 189 N.J. at 328; see N.J.S.A. 54:5-89.1. We determine no prejudice inures to the tax certificate holder ... property owner. In the end, more than nominal consideration under N.J.S.A. 54:5-89.1 means consideration that is not insubstantial under all the circumstances ...

docket:	a5717-07
court:
decided:	2009-05-27
status:	Unpublished
citation:
Document Size:	50499

25 MACWCP IV, LLC v. MOTIVA ENTERPRISES, LLC -- rank: 564

... been made a party to and appeared in such action.' N.J.S.A. 54:5-89.1. Applying these principles, we are constrained to reverse the trial ...

docket:	a3640-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-08
status:	unpublished
citation:
Document Size:	51268

26 HABITATE, LLC v. R &R HOLDINGS, LLC -- rank: 561

... redeem the tax certificates. Judge McDonnell also discussed, pursuant to N.J.S.A. 54:5 89.1, the rights of a third party to intervene in a ... plainly stated in N.J.S.A. 54:5-98, N.J.S.A. 54:5-89.1[,] and Rule 4:64-6(b)."). The trial judge then ... third party. . . . In the end, more than nominal consideration under N.J.S.A. 54:5-89.1 means consideration that is not insubstantial under all the circumstances ... purchase price was found to be adequate, as required by N.J.S.A. 54:5-89.1, Renewable was entitled to redeem the tax sale certificates. B ...

docket:	a4262-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-02-06
status:	Published
citation:
Document Size:	39643

27 WACHOVIA CUST. FOR PLYMOUTH PARK TAX SERVICE, L.L.C v. THOMAS SAMUEL PITTS -- rank: 559

... required by N.J.S.A. 54:5-54 or N.J.S.A. 54:5-89.1, and it was thus not a party that was entitled ... N.J.S.A. 54:5-1 to -137, is N.J.S.A. 54:5-89.1, which includes a provision dealing with the right of intervention ... In Cronecker , the Court held that more than "nominal consideration," N.J.S.A. 54:5-89.1, meant consideration "that is not insubstantial under all the circumstances ...

docket:	a5236-08
court:	superior court appellate division
decided:	2010-06-24
status:	unpublished
citation:
Document Size:	51358

28 AMERICAN TAX FUNDING, LLC v. JOHN M. GOLASZEWSKI -- rank: 556

... land sold for municipal taxes, assessment for benefits pursuant to [ N.J.S.A. 54:5-89.1, which states: Effect of judgment on unrecorded interests; application by ... property; as such liens are "interests in land pursuant to N.J.S.A. 54:5-89.1.["] However, neither Cronecker no[r] Rando made clear whether or ... Id. at 334-35. Ultimately, "more than nominal consideration under N.J.S.A. 54:5-89.1 means consideration that is not insubstantial under all the circumstances ... Id. at 328. The Court determined "[t]he purpose of N.J.S.A. 54:5-89.1 is not to bar third-party investors from helping property ... interest in the lands for [more than] a nominal consideration," N.J.S.A. 54:5-89.1, Cherrystone was properly allowed to intervene and redeem ATF's ...

docket:	a0668-07
court:	NJ Superior Court Appellate Division
decided:	2008-08-29
status:	unpublished
citation:
Document Size:	48944

29 Richard Simon , Trustee v. Catherine H. Rando , etc., et al. -- rank: 556

... follows from a plain reading of the relevant sections of N.J.S.A. 54:5-89.1 and 54:5-98. Specifically, N.J.S.A. 54 ... intervene in the action becomes even clearer in conjunction with N.J.S.A. 54:5-89.1. That statute provides in pertinent part: No person, however, shall ... 89.1.] In Cronecker , we observed that “[i]n enacting N.J.S.A. 54:5-89.1, the Legislature intended to extend judicial scrutiny to financial arrangements ... op. at 31). We held that “[t]he purpose of N.J.S.A. 54:5-89.1 is not to bar third-party investors from helping property ... more than nominal consideration by a third-party investor. See N.J.S.A. 54:5-89.1.     Accordingly, after purchasing the prior tax certificates for more than ...

docket:	a-121-04
court:	njsupreme
decided:	2007-01-29
status:
citation:	189 N.J. 339
Document Size:	25909

30 CCTS TAX LIENS I, L.L.C v. LOUISE S. GILBERT -- rank: 547

... property." A pre-complaint mortgage is an interest in property. N.J.S.A. 54:5-89.1. Even though the mortgage here was post-complaint, we adopt ... same procedural requirements as the pre-complaint interests described in N.J.S.A. 54:5-89.1. The critical prong concerning the judge was whether SVDP's ... of the property offered more than nominal consideration to defendant. N.J.S.A. 54:5-89.1 provides that no person shall be admitted as a party ...

docket:	a1900-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-26
status:	unpublished
citation:
Document Size:	81444