SOURCE: Law Offices of David Giller LLC

Law Offices of David Giller LLC

April 05, 2011 23:43 ET

Law Offices of David Giller LLC: NJ Courts Lead the Charge to Protect Home Owners From Inappropriate Foreclosures

HACKENSACK, NJ--(Marketwire - April 5, 2011) - On April 4, 2011, The Superior Court of New Jersey, Chancery Division in Middlesex County, joined a growing number of courts throwing out foreclosure lawsuits for failure to comply with New Jersey's home foreclosure laws. As banks continue to struggle to provide adequate notice to individuals and provide proof of ownership of the mortgages, NJ courts are increasingly showing their willingness to require mortgage owners to follow the strict letter of NJ law.

A New Jersey couple bought their house in 2004. The couple will be allowed to stay in their house until the owner of the mortgage company can comply with the New Jersey Fair Foreclosure Act. The mortgage was then "securitized" and transferred between 3 parties. The mortgage rights became part of a trust referred to as "Series 2004-24CB." A "mortgage servicer" was assigned by the trust to collect payments from the couple.

In November 2009, the couple became unable to pay their mortgage. The servicer sent two notifications as required under the New Jersey Fair Foreclosure Act. However, the notifications did not meet the specificity requirements under the Act. The notifications listed the name and contact information for the mortgage servicer. The court expressly denied that a servicer could meet the requirements of the New Jersey Fair Foreclosure Act and ruled that only the lender, or owner of the mortgage, may foreclose on a home.

David Giller, Esq. is a Consumer Law attorney, providing professional, confidential and compassionate legal advice throughout New York City and northern New Jersey in financially stressful matters including bankruptcy, foreclosure defense, debt settlement, Fair Debt Collection Practices Act and Fair Credit Reporting Act. To learn more about Mr. Giller or his law practice, visit

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    David Giller
    Law Offices of David Giller, LLC
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    Hackensack, New Jersey 07601
    (201) 478-7412
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