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Nissenbaum Blogs
Foreclosure Defense Law Blog
Who has standing to bring a foreclosure action?
In a recent decision, the Appellate Division of the Superior Court of New Jersey held that a bank that sued for foreclosure did not have “standing” to sue because the bank was not in possession of the mortgage note when...
Can You Stop a Foreclosure Just Because of a Defect in the Paperwork Giving Notice?
In a recent decision, the Appellate Division of the New Jersey Superior Court dismissed a foreclosure complaint without prejudice (which means they can bring the suit again) for failure to identify the lender’s name in the notice of intention to...
May a homeowner defend a foreclosure action on the grounds that the lender cannot prove it owns her mortgage?
The article “Waiting 7 Years for 2 Answers” (New York Times on Sunday, February 27, 2011) discussed the case of Zella Mae Green of Decatur, Georgia. She challenged whether Wells Fargo possessed the documentation it needed to foreclose against her....
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