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 sale has passed, unless a deficiency action or other collection activity is pursued, later claims for fair market value credit should not be permitted to generate endless litigation. And prior to filing this affirmative claim, both property owners had the ability to advance a fair market value objection during the sheriff’s sales proceedings.
