Search Rutgers Law Library N.J. Court Opinions

1 NEAL BORDEN v. CADLES OF GRASSY MEADOWS ii, llc -- rank: 1000

... the guarantors would not be prejudiced by the sale because N.J.S.A. 2A:50-3, which nominally applies only to residential property, has been applied ... of time," whether the judge applied the time bar of N.J.S.A. 2A:50-3 or under "general principles of laches." He construed the February ... evidenced by a stipulation to be filed in the action. [ N.J.S.A. 2A:50-3.] The 1979 amendments, which expanded the scope of the 1880 ... commercial property. Id. at 528-29. The Court noted that N.J.S.A. 2A:50-3 applied only to obligors on bonds, not notes. Id. at ... the defendants were not entitled to a deficiency hearing because N.J.S.A. 2A:50-3 as it then existed applied only to bonds, not notes ... notes given after the effective date of the amendments to N.J.S.A. 2A:50-3. Ibid. The judge also held that even if Stonebridge ...

docket:	a2386-08
court:	superior court appellate division
decided:	2010-04-05
status:	Published
citation:	412 N.J. Super. 567 992 A.2d 4
Document Size:	115513

2 LEONE DAUGHTERS REALTY MANAGEMENT CORP v. NAHEED A. KHAN, M.D -- rank: 974

... a counterclaim seeking a fair market value credit pursuant to N.J.S.A. 2A:50-3. She claims she is entitled to a full credit set ... granted, finding a fair market value hearing is governed by N.J.S.A. 2A:50-3 and cannot be maintained as an independent action. Rather, it ... equitable policy extends to the deficiency portion of the statute, N.J.S.A. 2A:50-3) (citing Citibank, N.A. v. Errico, 251 N.J. Super ... the statute, which covers only 'guarantee[s].' 3 We construe N.J.S.A. 2A:50-3 (deficiency actions against primary obligors) and N.J.S.A ... personal guaranty, which was not a deficiency action pursuant to N.J.S.A. 2A:50-3; however, the right to enforce such a guarantee is not ... credit doctrine, which is A-3650-20 17 codified in N.J.S.A. 2A:50-3; and occasionally employed as an equitable device even where ...

docket:	a3650-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-05
status:	Unpublished
citation:
Document Size:	39368

3 est Pleasant-CPGT, Inc. v. U.S. Home Corporation -- rank: 893

... costs,” the creditor may bring a deficiency action. And N.J.S.A. 2A:50-3 provides that a debtor “may file an answer in ... the legislative purposes of the fair market value credit under N.J.S.A. 2A:50-3 have informed the Court’s equity jurisdiction where the statute ... the debt owed, should that value exceed the debt. See N.J.S.A. 2A:50-3. Here, the Court considers whether a fair market value credit ... court. 2. The NJBA asserts that the Legislature evidenced in N.J.S.A. 2A:50-3 its intent to limit fair market value credits to deficiency ... to the award of a fair market value credit. See N.J.S.A. 2A:50-3. To answer that question, we examine the Legislature’s purpose ... amount determined as the fair market value of the premises. [ N.J.S.A. 2A:50-3 (emphasis added).] The history of N.J.S.A. ...

docket:	a-1-19
court:	NJ Supreme Court
decided:	2020-07-08
status:
citation:
Document Size:	54357

4 WEST PLEASANT-CPGT, INC v. U.S. HOME CORPORATION -- rank: 890

... the time of the sale thereof in the foreclosure action.' N.J.S.A. 2A:50-3. The court is required to 'determine the amount of [the ... Div. 2015). Fair market value credits, although expressly recognized by N.J.S.A. 2A:50-3, are not limited in application only to a judgment creditor ... 645. Although we recognized the fair market valuation provisions of N.J.S.A. 2A:50-3 did not expressly apply to judgment creditors, 'by analogy to and in accord with the spirit of N.J.S.A. 2A:50-3,' we applied the statutory procedures allowing a debtor to establish ... the premises' on the date of the sheriff's sale. N.J.S.A. 2A:50-3. Although N.J.S.A. 2A:50-3 is not applicable to this commercial transaction, N.J. ...

docket:	a1441-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-02
status:	Unpublished
citation:
Document Size:	50690

5 MMU OF NEW YORK, INC., As Assignee of 200 OCEAN BOULEVARD ASSOCIATES, L.P v. GARY GRIESER, a/k/a GARY GREISER, a/k/a GARY GRISER a/k/a GARY D. GRIESER, JR -- rank: 744

... also the purchaser at the foreclosure sale, we note that N.J.S.A. 2A:50-3 gives a mortgagor the right to dispute a claim of ... could well apply the same deficiency rule as contained in N.J.S.A. 2A:50-3 to the situation presented here. . . . . . . Although N.J.S.A. 2A:50-3 does not by its express terms extend to a subsequent ... by analogy to and in accord with the spirit of N.J.S.A. 2A:50-3, the debtor in the foreclosure action should be entitled to ... the court concluded, relying upon Morsemere , Citibank and the former N.J.S.A. 2A:50-3 nor by Article 9 of the Uniform Commercial Code. Plaintiff ...

docket:	a2484-08
court:	superior court appellate division
decided:	2010-08-04
status:	published
citation:	415 N.J. Super. 37 999 A.2d 1204
Document Size:	61454

6 VALLEY NATIONAL BANK v. PATYRAK REALTY, L.L.C. -- rank: 655

... to the amount the bank was equitably allowed to recover. N.J.S.A. 2A:50-3 provides that in an action for a deficiency resulting from ...

docket:	a3892-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-20
status:	unpublished
citation:
Document Size:	32385

7 J.F. v. S.F. -- rank: 637

... judgment creditor at a foreclosure sale. We "note[d] that N.J.S.A. 2A:50-3 gives [only] a mortgagor the right to dispute a claim ... could well apply the same deficiency rule as contained in N.J.S.A. 2A:50-3" to a situation where a judgment debtor sought credit for ... fair market value credit. However, the deficiency rule contained in N.J.S.A. 2A:50-3 that we applied in Morsemere requires a determination of fair market value "at the time of the sale." N.J.S.A. 2A:50-3; see, e.g. , MMU of N.Y. v. Grieser , 415 ...

docket:	a3733-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-02
status:	unpublished
citation:
Document Size:	17004

8 FIRST UNION NATIONAL BANK v. PENN SALEM MARINA, INC. -- rank: 589

... the foreclosure sale and the property's fair market value. N.J.S.A. 2A:50-3. However, once the property is sold at auction, even if ...

docket:	a4348-07
court:	njappellate
decided:	2009-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47195

9 BRUNSWICK BANK & TRUST v. HELN MANAGEMENT LLC -- rank: 499

... judgment creditor pursues a deficiency judgment against a judgment debtor. N.J.S.A. 2A:50-3 expressly recognizes the application of a fair market value credit ...

docket:	a1345-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-21
status:	published
citation:	453 N.J.Super. 324 181 A.3d 1030
Document Size:	64378

10 CAPITAL BANK OF NEW JERSEY v. ADAM GOLDSTEIN -- rank: 448

... amount of credit to be allocated to the foreclosed property. N.J.S.A. 2A:50-3; Citibank, N.A. v. Errico , 251 N.J. Super. 236 ...

docket:	a3219-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-16
status:	unpublished
citation:
Document Size:	26831