Garden State Inv. v. Twp. of Brick

In Garden State Inv. v. Twp. of Brick, the Appellate Division agreed with the Chancery Division that purchasers of tax sale certificates could not rescind the purchase and receive back taxes paid because they later learned that the properties subject to those taxes had a restrictive easement on them. The plaintiffs relied on Twp. of … Read more

MB Fin. Bank v. Rao

The Superior Court addressed standing in the context of a foreclosure action in MB Fin. Bank v. Rao. More specifically, the Court considered whether the plaintiff sufficiently proved that it owned a Lost Note Affidavit. The Court found that the pleadings and evidence at trial did establish the plaintiff’s ownership of the affidavit and thus … Read more

West Pleasant-CPGT v. U.S. Home Corp.

In West Pleasant-CPGT v. U.S. Home Corp., a debtor brought an after-the-fact affirmative claim for fair market value and obtained a money judgment against the creditor in an “unprecedented and unwarranted” case. The NJ Supreme Court held that public policy favored finality in the foreclosure process. Thus, after the time for objecting to the sheriff’s … Read more

U.S. Bank Nat’l Assoc. v. Davis

The mortgagee filed a foreclosure suit against the mortgagor, but a nonsuit was granted after the lower court found that the mortgagee failed to give proper notice under Act 91. The mortgagee then issued proper notice and filed a nearly-identical foreclosure suit. The trial court held that the action was barred by res judicata. The … Read more