Recently by Joshua N. Howley
Real Estate
The New Jersey Appellate Division Addresses Rent Receiver Liability
In today’s distressed real estate market, mortgagees invariably exercise their right to have a rent receiver appointed to manage rent-producing property pending foreclosure. Rent receivers often take such appointments without considering the potential liability that may be associated...
Read MoreReal Estate
The New Jersey Supreme Court Extends The Powerful New Jersey Consumer Fraud Act To Foreclosures
On August 29, 2011, the New Jersey Supreme Court issued an opinion in Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 25 A.3d 1103, 2011 N.J. LEXIS 931 (2011) that all New Jersey mortgage lenders should read. In sum, the Court held that the consumer-friendly New Jersey Consumer Fraud...
Read MoreNew Jersey Courts Place Roadblocks On Lenders' Ability To Enforce Mortgage Documents
New Jersey courts have started clamping down on lenders' ability to enforce mortgage documents by raising concerns when the lender cannot establish that it possesses the original note at the time a foreclosure action is commenced or that it is a holder in due course under the Uniform Commercial...
Read More