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 Results for ("N.J.S.A. 54:5-89.1")   1 to 15 of 58 results. Run time: 0.943 seconds | Search time: 0.936 seconds    
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1 Richard Simon , Trustee v. Richard William Cronecker , etc., et al. -- rank: 1000
... owner facing foreclosure, the Court rejects that view. In enacting N.J.S.A. 54:5-89.1, the Legislature intended to extend judicial scrutiny to financial arrangements ... interests of property owners.” Judge Todd found that balance in N.J.S.A. 54:5-89.1, which requires that after the filing of a tax sale ... consideration to the property owners, thereby satisfying the dictates of N.J.S.A. 54:5-89.1. Judge Todd finally reasoned that permitting redemption would not place ... required by N.J.S.A. 54:5-98 and N.J.S.A. 54:5-89.1 and, as such, is statutorily barred from redeeming, directly or ... only “nominal consideration” to the property owners in violation of N.J.S.A. 54:5-89.1     In seeking an affirmance of the trial court’s decision ... nominal consideration was offered for the properties, thus complying with N.J.S.A. 54:5-89.1. Last, they submit that Cherrystone was not obligated to ...
docket: a-105-05
court: njsupreme
decided: 2007-01-29
status:
citation: *CITE_PENDING*
Document Size: 108912
2 PHOENIX PINELANDS CORPORATION v. HARRY DAVIDOFF -- rank: 863
Original Wordprocessor Version (NOTE: The status of this decision is Published.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2823-16 PHOENIX PINELANDS CORPORATION, a New Jersey Corporation, APPROVED FOR PUBLICATION Plaintiff-Respondent, April 29, 2021 APPELLATE DIVISION v ...
docket: a2823-16
court: NJ Superior Court Appellate Division
decided: 2021-04-29
status: Published
citation:
Document Size: 302360
3 Green Knight Capital, LLC v. Gabriel Calderon -- rank: 772
... no hostility toward investors who otherwise meet the requirements of N.J.S.A. 54:5-89.1 when they prematurely attempt to redeem. Although the investor must ... nominal consideration after the filing of the [foreclosure] complaint.ā€¯ N.J.S.A. 54:5-89.1. The Court concluded in Cronecker that, in so acting, the ... their investment once foreclosure is sought, the Legislature recently amended N.J.S.A. 54:5-89.1 to bar redemption by a purchaser who acquired an interest ... only.ā€¯ N.J.S.A. 54:5-98; accord N.J.S.A. 54:5-89.1; R. 4:64-6(b). That procedural requirement was not ... in the law over time, including the recent amendment of N.J.S.A. 54:5-89.1, counsel against adopting a strict view of this procedural requirement ... fair and for more than nominal consideration, as required by N.J.S.A. 54:5-89.1. In the wake of this disposition, the LLC redeemed ...
docket: a-40-21
court: NJ Superior Court Appellate Division
decided: 2022-11-17
status:
citation:
Document Size: 39482
4 Anthony Malinowski v. Victor Jacobs , et al. -- rank: 767
... of a tax sale foreclosure action, no plausible interpretation of N.J.S.A. 54:5-89.1 and 54:5-98 would lead to the belief that ... property may not redeem the certificate without first complying with N.J.S.A. 54:5-89.1 and 54:5-98, which require timely intervention in the ... intervene. This procedural requirement of intervention appears as well in N.J.S.A. 54:5-89.1, which as enacted in 1954, [ L. 1954, c. 186, § 1 ... to such action.” Significantly, the intervention procedure set forth in N.J.S.A. 54:5-89.1 was amended in response to the abuses of the tax ... Bron v. Weintraub , 43 N.J. 87 (1964) . . . . As amended, N.J.S.A. 54:5-89.1 [ L. 1967, c. 149 § 1] permits scrutiny of proposed intervenors ... intervention in the cause had been sought as required by N.J.S.A. 54:5-89.1.” Based on the dissent in the Appellate Division, plaintiff ...
docket: a-46-05
court: njsupreme
decided: 2007-01-29
status:
citation: 189 N.J. 345
Document Size: 34576
5 MARK SAVAGE v. NATHAN WITSSMAN, et al. -- rank: 759
... on May 3, 2001. The judge invoked that portion of N.J.S.A. 54:5-89.1 which bars intervention and the right to redeem to any ... was nominal, and ROV is precluded from redemption by statute [ N.J.S.A. 54:5-89.1]. Under the economic realities test, $100 is not roughly equal ... require imposition of a constructive trust in favor of plaintiff.      N.J.S.A. 54:5-89.1 in its current form is generally acknowledged as the legislative ... by the Legislature when it adopted the 1967 amendments to N.J.S.A. 54:5-89.1.     As to those amendments with which we are concerned in ... the statement accompanying the legislation makes clear, the Legislature enacted N.J.S.A. 54:5-89.1, the Court has resorted to the remedy of the constructive ... interest should not have been rebuffed and the provisions of N.J.S.A. 54:5-89.1 do not apply to ROV. It acknowledges that it ...
docket: a6008-00
court: njappellate
decided: 2002-08-01
status: published
citation: *CITE_PENDING*
Document Size: 32184
6 MARK SAVAGE v. NATHAN WEISSMAN, et al. -- rank: 759
... on May 3, 2001. The judge invoked that portion of N.J.S.A. 54:5-89.1 which bars intervention and the right to redeem to any ... was nominal, and ROV is precluded from redemption by statute [ N.J.S.A. 54:5-89.1]. Under the economic realities test, $100 is not roughly equal ... require imposition of a constructive trust in favor of plaintiff.      N.J.S.A. 54:5-89.1 in its current form is generally acknowledged as the legislative ... by the Legislature when it adopted the 1967 amendments to N.J.S.A. 54:5-89.1.     As to those amendments with which we are concerned in ... the statement accompanying the legislation makes clear, the Legislature enacted N.J.S.A. 54:5-89.1, the Court has resorted to the remedy of the constructive ... interest should not have been rebuffed and the provisions of N.J.S.A. 54:5-89.1 do not apply to ROV. It acknowledges that it ...
docket: a4695-00
court: njappellate
decided: 2002-08-01
status: published
citation: 355 N.J. Super. 429
Document Size: 32208
7 CORESTATES/NEW JERSEY NATIONAL BANK, v. SALT RECOVERY, INC. -- rank: 754
... for determining what constitutes "nominal consideration" within the meaning of N.J.S.A. 54:5-89.1, the "title raiding," "heir hunting" or "intermeddler" provision of N ... was barred from its right of redemption by virtue of N.J.S.A. 54:5-89.1. The judge found that the consideration paid by Recovery after ... Superior Court." N.J.S.A. 54:5-86. However, N.J.S.A. 54:5-89.1 provides an exception to the general rule. That section of ... for a nominal consideration after the filing of the complaint. [ N.J.S.A 54:5-89.1.] This provision is often called the "title raider," "heir hunting ... scheme, which have attempted to avoid the bar set by N.J.S.A. 54:5-89.1. Our courts have stymied these attempts. See Wattles , supra , 120 ... and O & Y Old Bridge opinions and the intent of N.J.S.A. 54:5-89.1, that by "windfall," the Court meant a disproportionate gain ...
docket: A0642-04
court: NJ Superior Court Appellate Division
decided: 2006-07-20
status: published
citation:
Document Size: 75782
8 TOWN OF PHILLIPSBURG, v. BLOCK 1508, LOT 12 (142 Mercer Street) assessed to Donald Strebig, et al. -- rank: 688
... Sale Law imposes additional procedural and substantive requirements. Pursuant to N.J.S.A. 54:5-89.1, a person with an unrecorded assignment of an interest may ... complaint assignment, and that its intervention therefore was barred by N.J.S.A. 54:5-89.1. The judge also distinguished Community from the "title raiders" barred ... There is no dispute that notice was properly filed here. N.J.S.A. 54:5-89.1 provides: In any action to foreclose the right of redemption ...
docket: a5002-02
court: njappellate
decided: 2005-09-08
status: published
citation: 380 N.J. Super. 159
Document Size: 81632
9 RICHARD SIMON v. CATHERINE H. RANDO, et al. -- rank: 685
... Sale Law imposes additional procedural and substantive requirements. Pursuant to N.J.S.A. 54:5-89.1, a person with an unrecorded assignment of an interest may ... an interest acquired post-complaint. The standard is codified in N.J.S.A. 54:5-89.1, which provides: No person, however, shall be admitted as a ... for a nominal consideration after the filing of the complaint . . . . [ N.J.S.A. 54:5-89.1.] The obligation to intervene in the action is essential to ... Neither the statutes, N.J.S.A. 54:5-87, N.J.S.A. 54:5-89.1, N.J.S.A. 54:5-90, nor the court ...
docket: A2260-03
court: NJ Superior Court Appellate Division
decided: 2005-01-06
status: published
citation:
Document Size: 28582
10 RICHARD SIMON v. CATHERINE H. RANDO, et al. -- rank: 685
... Sale Law imposes additional procedural and substantive requirements. Pursuant to N.J.S.A. 54:5-89.1, a person with an unrecorded assignment of an interest may ... an interest acquired post-complaint. The standard is codified in N.J.S.A. 54:5-89.1, which provides: No person, however, shall be admitted as a ... for a nominal consideration after the filing of the complaint . . . . [ N.J.S.A. 54:5-89.1.] The obligation to intervene in the action is essential to ... Neither the statutes, N.J.S.A. 54:5-87, N.J.S.A. 54:5-89.1, N.J.S.A. 54:5-90, nor the court ...
docket: A0262-03
court: NJ Superior Court Appellate Division
decided: 2005-01-06
status: published
citation: 374 N.J. Super. 147 863 A.2d 107
Document Size: 28676
11 APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC. v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE -- rank: 675
... 321-22 (2007), the Court construed the 1967 version of N.J.S.A. 54:5-89.1 ('No person, however, shall be admitted as a party to ... nominal consideration,' . . . .' Id. at 322. Some of the wording of N.J.S.A. 54:5-89.1, not pertinent here, was changed in 2021. See L. 2021 ...
docket: a0653-20
court: NJ Superior Court Appellate Division
decided: 2022-04-27
status: Published
citation:
Document Size: 64705
12 GRAND MADISON LLC v. BERNADETTE ROTONDA -- rank: 663
... the equity is all she's going to get. Applying N.J.S.A. 54:5-89.1, Cronecker and Berezansky, the judge concluded the agreement with Huntington ... THAT CONTRAVENES THE PRINCIPLES OF CRONECKER AND THE PURPOSE OF N.J.S.A. 54:5-89.1. A-3057-18T3 11 A. THIS CASE IS SIGNIFICANTLY DISTINGUISHABLE ... at 412 (quoting N.J.S.A. 54:5- 5 N.J.S.A. 54:5-89.1 provides in pertinent part: In any action to foreclose the ... owners [made] during the post-foreclosure complaint period' by enacting N.J.S.A. 54:5-89.1 'to ensure that the third-party investors do not exploit ... In defining 'more than nominal consideration' in the context of N.J.S.A. 54:5-89.1, the Cronecker Court adopt[ed] a more flexible, under-all ... 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 ...
docket: a3057-18
court: NJ Superior Court Appellate Division
decided: 2020-04-13
status: Unpublished
citation:
Document Size: 33136
13 CORESTATES/NEW JERSEY NATIONAL BANK v. CHAS. SCHAEFER SONS, INC. -- rank: 653
... J. Super. 554 , 558 (App. Div. 2006). We noted that N.J.S.A. 54:5-89.1 precludes a person from intervening in a tax sale foreclosure ... The Court in Cronecker stated that, by its enactment of N.J.S.A. 54:5-89.1, the Legislature had intended to extend judicial scrutiny to financial ... owners during the post-foreclosure complaint period. The purpose of N.J.S.A . 54:5-89.1 is not to bar third-party investors from helping property ... consideration" should be determined in light of the purpose of N.J.S.A. 54:5-89.1. Id. at 334. The Court found that the objective of ... 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 ... contends is a new standard for determining "nominal consideration" under N.J.S.A. 54:5-89.1 when the seller of a property interest is a ...
docket: a6578-06
court: njappellate
decided: 2008-10-03
status: unpublished
citation: *CITE_PENDING*
Document Size: 73255
14 A.S.C. CORPORATION v. RICHARD O. VENINO, JR. -- rank: 653
... against defendant alleging various causes of action purportedly arising under N.J.S.A. 54:5-89.1, the so-called "heir hunting" statute, including, among other things ... grounded its complaint against defendant exclusively in alleged violations of N.J.S.A. 54:5-89.1. Yet that statute affords plaintiff no private cause of action ... defendant and no basis for the relief it had sought. N.J.S.A. 54:5-89.1 is part of the New Jersey Tax Sale Law, N ... and purchase of redeemable property interests is implicitly permitted by N.J.S.A. 54:5-89.1." Cherokee Equities, L.L.C. v. Garaventa , 382 N.J ... N.J. at 333-35, "more than nominal consideration under N.J.S.A. 54:5-89.1 means consideration that is not insubstantial under all the circumstances ... instituted suit against Oak Branch's attorney alleging breaches of N.J.S.A. 54:5-89.1, which, for reasons already mentioned, establishes only a procedural ...
docket: A2453-06
court: NJ Superior Court Appellate Division
decided: 2007-12-27
status: unpublished
citation:
Document Size: 46445
15 ACTLIEN HOLDING INC v. MARIANNE MC AULIFFE -- rank: 646
... unless it bought the interest for more than 'nominal consideration.' N.J.S.A. 54:5-89.1. The Legislature changed this, effective September 24, 2021, to preclude ... on July 9, 2021. Two months later, the Legislature amended N.J.S.A. 54:5-89.1. A week after the statute was amended, 1 McAuliffe netted ... time barred. Because we conclude that the new version of N.J.S.A. 54:5-89.1 applied only to interests acquired in property after September 24 ... turns on the effective date of the new version of N.J.S.A. 54:5-89.1, and what impact that effective date has in this context ... too here, the question is whether the new version of N.J.S.A. 54:5-89.1 was intended to apply to a transaction that occurred prior ... Knight, it may be said that the new version of N.J.S.A. 54:5-89.1 is 'curative.' But the cure was not intended for ...
docket: a1096-21
court: NJ Superior Court Appellate Division
decided: 2023-03-16
status: Unpublished
citation:
Document Size: 18855
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