Search Rutgers Law Library N.J. Court Opinions

1 ANIMINVESTMENT COMPANY v. GEORGE SHALHOUB and KATHLEEN SHALHOUB, d/b/a GJ SHALHOUB, INC - -- rank: 1000

... Intent to foreclose in compliance with the Fair Foreclosure Act, N.J.S.A. 2A:50-56, and, on August 31, 2015, a foreclosure complaint. On October ... statute of limitations codified in 2 A-5266-15T 2 N.J.S.A. 2A:50-56.1,1 which took effect on August 6, 2009, and applied retroactively to their mortgage. After hearing oral 1 N.J.S.A. 2A:50-56.1 provides: An action to foreclose a residential mortgage shall ... June 30, 2016 written decision, Judge Edward Jerejian agreed that N.J.S.A. 2A:50-56.1 '[met] the criteria for retroactive application' under Gibbons v ... retroactive application.' Turning to the applicable limitations period contained in N.J.S.A. 2A:50-56.1, Judge Jerejian explained: Under this statute, there are three ... after which a mortgage foreclosure action cannot be brought. Whereas [ N.J.S.A.] 2A:50-56.1(c) is triggered by nonpayment or default, [N. ...

docket:	a5266-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-28
status:	unpublished
citation:
Document Size:	51414

2 WELLS FARGO BANK, NATIONAL ASSOCIATION v. TODD MARRAZZO -- rank: 982

... filed beyond the six-year limitations period set forth in N.J.S.A. 2A:50- 56.1(a), and by finding plaintiff had standing to bring ... it was filed beyond the six-year limitations period under N.J.S.A. 2A:50- 56.1(a). Defendant also averred that plaintiff lacked standing because ... and the complaint was filed beyond the limitations period in N.J.S.A. 2A:50-56.1(a). The court reasoned that N.J.S.A. 2A:50-56.1(a) required the filing of a foreclosure complaint within ... THE MATURITY DATE OF THE MORTGAGE WAS NOT ACCELERATED AND N.J.S.A. 2A:50-56.1(a) DID NOT APPLY. POINT II THE COURT ERRED ... complaint was time-barred under 5 A-0998-16T 1 N.J.S.A. 2A:50-56.1(a) because it was filed more than six ...

docket:	a0998-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-19
status:	published
citation:
Document Size:	36720

3 BANK OF NEW YORK v. SARAH G. LAKS -- rank: 976

... foreclose that failed to identify the "lender" as required by N.J.S.A. 2A:50-56(c)(11), a provision of the Fair Foreclosure Act (the ... first consider whether a lender can satisfy its obligation under N.J.S.A. 2A:50-56(c)(11) to state the "name and address of the ... mortgage, the lender must send a notice to the debtor. N.J.S.A. 2A:50-56(a). The lendor's "duty" to provide the notice of ... statute is "independent of any other duty to give notice." N.J.S.A. 2A:50-56(e). Thus, compliance with this notice provision is, in effect ... the residential property which is the subject of the mortgage." N.J.S.A. 2A:50-56(a). In fact, with narrow exceptions inapplicable here, "[c]ompliance with [ N.J.S.A. 2A:50-56] shall be set forth in the pleadings of any ...

docket:	a4221-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-08
status:	published
citation:	422 N.J. Super. 201 27 A.3d 1222
Document Size:	38335

4 KATHLEEN PFEIFER v. GINA M. MCLAUGHLIN, -- rank: 937

... retroactively applied the six-year statute of limitations codified in N.J.S.A. 2A:50-56.1. We reverse. The judge erred when she retroactively applied the six-year limitation period in N.J.S.A. 2A:50-56.1. Consistent with this court's holding in Security Nat ... her decision as follows: [T]he [c]ourt finds that N.J.S.A. 2A:50-56.1 is defined as six years from the maturity date ... final adjudication as a matter of law. The Legislature enacted N.J.S.A. 2A:50-56.1, our current statute of limitations relative to residential mortgage ... account thereof occurred under the terms of the written instrument. [N.J.S.A. 2A:50-56.1.] Distilled to its essence, a foreclosure action must be ... default by the debtor. Ibid. Prior to the enactment of N.J.S.A. 2A:50-56.1, there was no statutorily defined period of limitation ...

docket:	a1519-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	31289

5 /usr/local/share/www/libweb/collections/courts/trial/sturdysavings-v-roberts.opn.html -- rank: 847

... thirty days prior to the filing of the complaint. See N.J.S.A. 2A:50-56. By the time the complaint was filed, it was apparent ... be provided to residential mortgage debtors. Those provisions appear in N.J.S.A. 2A:50-56 and N.J.S.A. 2A:50-58. N.J.S.A. 2A:50-56 requires the lender to send notice of its intention to ... in advance of such action as provided in this section. [N.J.S.A. 2A:50-56(a).] The remaining provisions of N.J.S.A. 2A:50-56 address just what must be included in the notice and ... the lawsuit and again before the entry of final judgment. N.J.S.A. 2A:50-56 to -58. A cure is effected by the property ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46980

6 BANK OF AMERICA NATIONAL ASSOCIATION v. R.H. SURGENT, LLC -- rank: 838

... trial court erred by finding the current statute of limitations, N.J.S.A. 2A:50-56.1, did not preclude summary judgment or mandate dismissal of ... action was April 13, 2017.6 Effective August 6, 2009, N.J.S.A. 2A:50-56.1 provided the statute of limitations for residential mortgage foreclosures ... the default date (the earliest date), or before February 2026. N.J.S.A. 2A:50-56.1(c) (2009). On July 3, 2018, the court issued ... those two dates, on April 29, 2019, the Legislature amended N.J.S.A. 2A:50-56.1(c) from twenty years to six years from the ... of limitations has expired. L. 2019, c. 67, § 1. N.J.S.A. 2A:50-56.1(c) (emphasis added) now states: An action to foreclose ... written instrument. Defendants argue that the six-year amendment to N.J.S.A. 2A:50-56.1(c) (2019) applies retroactively and renders plaintiff's ...

docket:	a5423-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-31
status:	Unpublished
citation:
Document Size:	115742

7 DEUTSCHE BANK NATIONAL TRUST COMPANY v. SANJAY PUROHIT -- rank: 823

... a Notice of Intent to Foreclose (NOI) as required by N.J.S.A. 2A:50-56(a) to (b), we reverse the final judgment and order ... NOI to the debtor 'at least [thirty] days . . . in advance.' N.J.S.A. 2A:50-56(a). The NOI must be 'in writing' and 'sent to ... the property which is the subject of the residential mortgage.' N.J.S.A. 2A:50-56(b) (emphasis added). Further, the notice is 'effectuated on the ... a properly served NOI does not satisfy the requirements of N.J.S.A. 2A:50-56(c)(11), which requires the NOI to include the lender ... one or more of the eleven subsections set forth in N.J.S.A. 2A:50-56(c). [Id. at 476 (emphases added) (citation omitted) (quoting N.J.S.A. 2A:50-56(a)).] Thus, courts may impose equitable remedies if the ...

docket:	a2822-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-04
status:	Unpublished
citation:
Document Size:	20523

8 MARINERS PAC VENTURES, LLC v. RONALD GRANT -- rank: 811

... the complaint was barred by the statute of limitations under N.J.S.A. 2A:50-56.1. Judge Innes found that subsection (c) of N.J.S.A. 2A:50-56.1, which defines the foreclosure filing limitations period where a ... Mahler, 336 N.J. Super. 101, 105 (App. Div. 2000). N.J.S.A. 2A:50-56.1, which became effective on August 6, 2009, L. 2009 ... applying a twenty-year statute of limitations to foreclosure actions). N.J.S.A. 2A:50-56.1 provides 'that a residential foreclosure action 'shall not be ... Weiner, __ N.J. Super. at __ (slip op. at. 2) (quoting N.J.S.A. 2A:50-56.1). A foreclosure action must be commenced by the earliest ... maturity date set forth in the mortgage or the note,' N.J.S.A. 2A:50-56.1(a); [(2)] Thirty-six years from the date ...

docket:	a5694-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-12
status:	Unpublished
citation:
Document Size:	16650

9 Gonzalez v. Wilshire Credit Corp. -- rank: 808

... commenced. [ Gonzalez , supra , 411 N.J. Super. at 589 (citing N.J.S.A. 2A:50-56).] 10 At oral argument, the Attorney General argued that plaintiff ...

docket:	A-99-09
court:	NJ Supreme Court
decided:	2011-08-29
status:
citation:
Document Size:	99558

10 /usr/local/share/www/libweb/collections/courts/appellate/a0476-21.opn.html -- rank: 767

... subject to the six- year statute of limitations imposed by N.J.S.A. 2A:50-56.1, rendering the mortgage lien unenforceable. Therefore, their action to ... was due in full on February 22, 2012, and that N.J.S.A. 2A:50-56.1 imposed a six-year statute of limitations on enforcing ... that foreclosure is time barred by the current version of N.J.S.A. 2A:50-56.1.8 That issue shall be addressed by the trial ... the mortgage was February 22, 2012. The Legislature again amended N.J.S.A. 2A:50-56.1, effective April 29, 2019, to require mortgagees to file ... can litigate any alleged retroactivity of the amended version of N.J.S.A. 2A:50- - 56.1 on remand. A-0476-21 25 lien on plaintiffs ... six- year limitation period imposed by the 2019 amendment of N.J.S.A. 2A:50-56.1 and remand that issue for reconsideration. We also ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48286

11 U.S. BANK N.A. v. JAYNE A. GARNER -- rank: 749

... the maturity of the obligation and commence a foreclosure proceeding. N.J.S.A. 2A:50-56(a). The lender must provide the debtor notice of its ... be sent to the debtor by registered or certified mail. N.J.S.A. 2A:50-56(b). Among other things, the notice must state the obligation ... 50-57; and the actions required to cure the default. N.J.S.A. 2A:50-56(c)(1)-(4). In addition, the notice must provide the ... s calculation of the amount required to cure the default." N.J.S.A. 2A:50-56(c)(11). In US Bank Nat'l Ass'n v ... had not substantially complied with the FFA, and held that N.J.S.A. 2A:50-56(c)(11) requires foreclosure plaintiffs to identify the name and ... Court stated that the failure to include information required by N.J.S.A. 2A:50-56(c)(11) in the notice of intent to foreclose ...

docket:	a1535-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-23
status:	unpublished
citation:
Document Size:	18913

12 Tahir Zaman v. Barbara Felton -- rank: 725

... the “notice of intention to take action” mandated by N.J.S.A. 2A:50-56, is contingent upon a finding that the parties’ transactions gave rise to an equitable mortgage. N.J.S.A. 2A:50-56 mandates that, prior to taking any “ legal action to ...

docket:	A-60-12
court:	NJ Supreme Court
decided:	2014-09-09
status:
citation:	219 N.J. 199 98 A.3d 503
Document Size:	105009

13 DEUTSCHE BANK TRUST COMPANY AMERICAS v. DEBBIE A. WEINER -- rank: 722

... 2009, the Legislature made up for lost time and enacted N.J.S.A. 2A:50-56.1, which codified Security National Partners1 by declaring that a ... maturity date set forth in the mortgage or the note,' N.J.S.A. 2A:50- 56.1(a);  Thirty-six years from the date the ... recorded or, if not recorded, from the date of execution, N.J.S.A. 2A:50-56.1(b); and  Twenty years from the date of a default that 'has not been cured,' N.J.S.A. 2A:50-56.1(c).2 1 See Assemb. Fin. Insts. & Ins. Comm ... no bearing here. A-2110-17T4 2 Defendants' contention that N.J.S.A. 2A:50-56.1(a)'s six-year time-frame applies and bars ... c) would wreak havoc with the clearly delineated provisions of N.J.S.A. 2A:50-56.1. We refuse to inject such confusion into what ...

docket:	a2110-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Published
citation:	456 N.J.Super. 546 196 A.3d 121
Document Size:	11206

14 PHH MORTGAGE CORPORATION v. JAYNE A. GARNER -- rank: 719

... mortgagor at least 30 days before filing a foreclosure complaint. N.J.S.A. 2A:50-56. The mortgage lender must strictly comply with this requirement. EMC ... to foreclose that PHH served upon defendant was not deficient. N.J.S.A. 2A:50-56(c)(11) requires that "foreclosure plaintiffs list on the notice ... thus recognized that MERS was not the lender to which N.J.S.A. 2A:50-56(c)(11) refers. This analysis makes good sense. PHH was ... 21). PHH was always the lender for the purposes of N.J.S.A. 2A:50-56(c)(11), and it was always the party with whom ... familiarity" with mortgage status, refusing to dismiss for violation of N.J.S.A. 2A:50-56(c)(11) was appropriate). In sum, we find no merit ...

docket:	a2920-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	28454

15 US Bank National Association v. Maryse Guillaume -- rank: 713

... notice of intention containing “all the information required by N.J.S.A. 2A:50-56,” should be served upon homeowner defendants); GE Capital Mortgage ... 18-61.2. No analogous language appears in the FFA. N.J.S.A. 2A:50-56. In addition, if the AEA is violated, the defendant tenant ...

docket:	A-11-11
court:	NJ Supreme Court
decided:	2012-02-27
status:
citation:	209 N.J. 449 38 A.3d 570
Document Size:	50374