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

... 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 not ... 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. Gibbons ... 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 triggering ... 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.J.S.A.] 2A:50-56.1(a) is triggered by the date fixed for making . . . ...

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status:	unpublished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

2 BANK OF AMERICA NATIONAL ASSOCIATION v. R.H. SURGENT, LLC -- rank: 997

... 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 the ... 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 and ... 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 its ... 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 date ... 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 a ... 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 foreclosure ...

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status:	Unpublished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

3 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 the ... 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 it ... 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 six ... 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 WHEN ... 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 years ...

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

4 KATHLEEN PFEIFER v. GINA M. MCLAUGHLIN, -- rank: 919

... 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. Partners ... 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 set ... 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 foreclosures ... 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 commenced ... 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 for ...

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status:	Unpublished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

5 MARINERS PAC VENTURES, LLC v. RONALD GRANT -- rank: 876

... 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 residential ... 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, c ... 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 commenced ... 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 of ... 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 the ...

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

6 /usr/local/share/www/libweb/collections/courts/appellate/a0476-21.opn.html -- rank: 871

... 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 quiet ... 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 the ... 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 court ... 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 residential ... 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' residence ... 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 remand ...

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

7 WILMINGTON SAVINGS FUND SOCIETY, FSB v. DENNIS PFEFFERKORN MRS. DENNIS PFEFFERKORN -- rank: 753

... undisputed facts established that plaintiff's claims are barred by N.J.S.A. 2A:50-56.1(c) (2009), the fair and efficient administration of justice entitled ... were barred under the statute of limitations set forth in N.J.S.A. 2A:50-56.1. In July 2021, plaintiff moved for summary judgment and to ... were time-barred under the governing statute of limitations. See N.J.S.A. 2A:50-56.1(c) (2009). The question we must decide is whether the ... twenty years 'from the date on which the debtor defaulted.' N.J.S.A. 2A:50-56.1(c) (2009).2 The record on the cross-motion for ... foreclosure action based on default due to nonpayment. In 2019, N.J.S.A. 2A:50-.56.1(c) was amended to shorten the limitation period from twenty ...

docket:	a0813-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-22
status:	Unpublished
citation:
Document Size:	23618

8 FRANK N. GARRUTO v. LORRAINE CANNICI -- rank: 730

... 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 to ... 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 November ... 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 September ... 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 are ...

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

9 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 residential ... 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 mortgage ... 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. Statement ... 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 this ... 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 the ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/a5577-16.opn.html -- rank: 719

... by the six-year statute of limitations set forth in N.J.S.A. 2A:50-56.1(1)(a).1 Regarding the statute of limitations argument, the ... on the [six-]year statute of limitations set forth in N.J.S.A.[] 2A:50-56.1(1)[(a)]. Therefore the present action is not barred by ... define maturity date or acceleration. Here, the maturity 1 Under N.J.S.A. 2A:50-56.1, the statute of limitations for a 'residential' foreclosure action is ... six years after the accelerated due date.' 7 We agree N.J.S.A. 2A:50-56.1 is not applicable because it provides the limitations period for ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26007

11 NDF1, LLC v. EDWARD KITCHEN -- rank: 710

... 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 in ... 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's ... 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 residential ... 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 foreclosure ...

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

12 DEUTSCHE BANK NATIONAL TRUST COMPANY v. MICHAEL HOCHMEYER -- rank: 693

... 2007 began the six-year statute of limitations period under N.J.S.A. 2A:50-56.1(a). N.J.S.A. 2A:50-56.1 provides: An action to foreclose a residential mortgage shall not ... due in August 2007 and the statute of limitations under N.J.S.A. 2A:50- 56.1(a) began to run. Because the statute of limitations period ...

docket:	a4714-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-15
status:	unpublished
citation:
Document Size:	31704

13 /usr/local/share/www/libweb/collections/courts/appellate/a3607-16.opn.html -- rank: 693

... person or mailed to the party.') (emphasis added). Secondly, citing N.J.S.A. 2A:50-56.1, the court found 'plaintiff here was well within the time periods allowed by that [s]tatute.' N.J.S.A. 2A:50-56.1 provides, in pertinent part: An action to foreclose a residential ... 2000). Applying the plain language limitation periods set forth in N.J.S.A. 2A:50-56.1, plaintiff's foreclosure action was instituted well within the time ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	13463

14 LYNX ASSET SERVICES, L.L.C. v. MICHELE MINUNNO -- rank: 664

... motion. In a written statement of reasons, the judge cited N.J.S.A. 2A:50-56.1(a), which provides, [a]n action to foreclose a residential ... 2015). No published case has interpreted the limitations provisions of N.J.S.A. 2A:50-56.1(a), however, the plain language of the statute is the ... quoting DiProspero v. Penn , 183 N.J. 477 , 492 (2005)). N.J.S.A. 2A:50-56.1(a) requires a residential mortgage foreclosure action to commence within ... the parties executed a written instrument extending the maturity date. N.J.S.A. 2A:50-56.1(a). Defendants essentially argue the 2012 final loan modification agreement ...

docket:	a0309-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-13
status:	unpublished
citation:
Document Size:	29328

15 U.S. BANK NATIONAL ASSOCIATION v. SIMON ZAROUR -- rank: 647

... forth in N.J.S.A. 2A:14-1 and N.J.S.A. 2A:50-56.1(a), and by finding Christiana Trust had standing to bring ... limitations would otherwise apply here under the Fair Foreclosure Act, N.J.S.A. 2A:50-56.1. We agree N.J.S.A. 2A:50-56.1 is not applicable because it provides the limitations period for residential mortgage foreclosures. We observe, however, that under N.J.S.A. 2A:50-56.1, the statute of limitations for a residential foreclosure action is ...

docket:	a4088-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-22
status:	unpublished
citation:
Document Size:	31176