Search Rutgers Law Library N.J. Court Opinions

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

... residence in which the owner or his immediate family resides . . . . [ N.J.S.A. 2A:50-2.3.] This new provision left intact the DeMarco holding that Lowen ... 239. We were required, among other things, to decide whether N.J.S.A. 2A:50-2.3 constituted a public policy of this State that pre­cluded ... business or commercial purposes and fell within the exception of N.J.S.A. 2A:50-2.3 d[id] not create the type of policy statement that ... involved is not a correct statement of our law. Although N.J.S.A. 2A:50-2.3 was amended to exempt mortgages secured by notes for business ... properly asserted in the deficiency action." Id. at 248 (citing N.J.S.A. 2A:50-2.3 in Summit Trust Co. v. Willow Business Park, L.P ...

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: 925

... 50-2 requires 'foreclosure first' for mortgages, unless exempted by N.J.S.A. 2A:50-2.3. The statutory exceptions to the 'foreclosure first' rule are generally ... the time of institution of proceedings to collect the debt; [N.J.S.A. 2A:50-2.3.] As we have previously observed, 'the Legislature created [these] exceptions ... Salem Marina, Inc., 190 N.J. 342, 351 (2007) (discussing N.J.S.A. 2A:50-2.3 and setting forth the exceptions to the 'foreclosure first' rule ... employed as an equitable device even where the exemptions in N.J.S.A. 2A:50-2.3 apply, to prevent 'double recovery or windfall to the judgment ...

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status:	Unpublished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: 916

... Marina, Inc., 190 N.J. 342, 351 (2007); 20 see N.J.S.A. 2A:50-2.3. Specifically, an exemption exists where “the debt secured is ... in which the owner or his immediate family resides.” N.J.S.A. 2A:50-2.3(a). Thus, creditors are not required to follow the foreclosure ...

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: 899

... provisions, however, do not apply to business or commercial transactions. N.J.S.A. 2A:50-2.3; Brunswick Bank & Tr. v. Affiliated Bldg. Corp, 440 N.J ... 4 (App. Div. 2018). We applied equitable principles, despite the N.J.S.A. 2A:50-2.3 commercial/business exemption, to impose a fair market value credit ... or business mortgagee, not bound by the 'foreclosure first requirement,' N.J.S.A. 2A:50-2.3, can choose to collect on the note without first filing ... 2A:50-3 is not applicable to this commercial transaction, N.J.S.A. 2A:50-2.3, obvious logic dictates that the calculation of the property's ...

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

5 POWERHOUSE FIRST, LLC,1 v. WALDO JERSEY CITY, LLC -- rank: 771

... filing an action on the note in the Law Division. N.J.S.A. 2A:50-2.3; First Union Nat. Bank v. Penn Salem Marina, Inc. , 190 ...

docket:	a1609-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	59748

6 /usr/local/share/www/libweb/collections/courts/appellate/a3641-19.opn.html -- rank: 768

... 2(e). Wilmington Savings argued that the exception found in N.J.S.A. 2A:50- 2.3(d) applied, acting as a defense to the one-year ... for lapse of time.' She distinguished the exception found in N.J.S.A. 2A:50-2.3(d) because Decision One was the lender on both mortgages ... institution or association has an affiliation. A-3641-19 4 [N.J.S.A. 2A:50-2.3(d).] Additionally, the principal case Wilmington Savings offered in support ... 8 AND FAILED TO CONSIDER THE APPLICABLE EXCEPTION CONTAINED IN N.J.S.A. 2A:50- 2.3([d]). POINT III BASED ON THE APPLICABILITY OF THE EXCEPTION CONTAINED IN N.J.S.A. 2A:50- 2.3([d]), THE CONTROLLING STATUTE OF LIMITATIONS IS N.J.S ... exception to the one-year statute of limitations found in N.J.S.A. 2A:50-2.3(d) applies because it is a different banking institution ...

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Document Size:	14452

7 CHO HUNG BANK v. KI SUNG KIM et al. -- rank: 744

... the mortgagee from the need to comply with FFA. Unlike N.J.S.A. 2A:50-2.3 (the Mortgage Foreclosure Act, N.J.S.A. 2A:50 ...

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

8 First Union National Bank v. Penn Salem Marina, Inc., et als -- rank: 706

... to a mortgage were bound by the “foreclosure first” rule. N.J.S.A. 2A:50-2.3 sets forth several exceptions to the foreclosure first rule. See ...

docket:	a-11-06
court:	njsupreme
decided:	2007-05-10
status:
citation:	190 N.J. 342
Document Size:	52532

9 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: 697

... properties from the statutory provision authorizing such a credit: Although N.J.S.A. 2A:50-2.3 was amended to exempt mortgages secured by notes for business ...

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

10 VALLEY NATIONAL BANK v. PATYRAK REALTY, L.L.C. -- rank: 685

... However, commercial mortgages are specifically excluded from this statutory scheme. N.J.S.A. 2A:50-2.3(a). Even so, our Supreme Court has held that a ...

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

11 ATLANTIC STEWARDSHIP BANK v. PUDDINGSTONE FUNDING LLC -- rank: 667

... apply to residential mortgage foreclosures. This is made clear by N.J.S.A. 2A:50-2.3, which specifies in relevant part: This act shall not apply ...

docket:	a0126-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	unpublished
citation:
Document Size:	29844

12 /usr/local/share/www/libweb/collections/courts/appellate/a2109-13xx.opn.html -- rank: 661

... as here, the lender is not obligated to foreclose first. N.J.S.A. 2A:50-2.3(a). As we have seen, plaintiff chose the alternative route ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	34881

13 BRUNSWICK BANK & TRUST v. AFFILIATED BUILDING CORP -- rank: 661

... as here, the lender is not obligated to foreclose first. N.J.S.A. 2A:50-2.3(a). As we have seen, plaintiff chose the alternative route ...

docket:	a2109-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-17
status:	published
citation:
Document Size:	35445

14 BRUNSWICK BANK & TRUST v. AFFILIATED BUILDING CORP -- rank: 661

... as here, the lender is not obligated to foreclose first. N.J.S.A. 2A:50-2.3(a). As we have seen, plaintiff chose the alternative route ...

docket:	a1893-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-17
status:	published
citation:
Document Size:	35445

15 BRUNSWICK BANK & TRUST v. AFFILIATED BUILDING CORP -- rank: 661

... as here, the lender is not obligated to foreclose first. N.J.S.A. 2A:50-2.3(a). As we have seen, plaintiff chose the alternative route ...

docket:	a5225-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-17
status:	published
citation:	440 N.J.Super. 118 111 A.3d 710
Document Size:	35614