Case Law Summaries

Lichtenstein v. DLJ Mortgage Capital, Inc.

FORECLOSURES; BANKRUPTCY; ASSIGNEE — Once a debt has been discharged in bankruptcy, the borrower, having no pecuniary interest in the outcome, cannot sustain an action based upon alleged defects in subsequent assignments of the mortgage.

• Opinion Date: November 17, 2011
• Real Property Law

Yoder v. New Jersey Department of Environmental Protection

CAFRA — Where a Water Management Plan has been approved to allow sewer connections only to existing developments, a property containing only a shed is not entitled to such a connection because it does not need a sewer line nor a septic tank and consequently does not constitute an existing development.

• Opinion Date: October 6, 2011
• Real Property Law

Conifer Realty, L.L.C. v. Township of Middle Zoning Board of Adjustment

ZONING; VARIANCES — Since variances are deviations from the zoning code, they are to be given sparingly, but when the proposed use is an inherently beneficial one, the negative standard is relaxed and only require consideration of the relationship between the benefits and burdens of granting the variance.

• Opinion Date: September 9, 2011
• Real Property Law

Coalition for Friendly Environmental Expansion, Inc. v. Borough of Magnolia

REDEVELOPMENT; DEEDS; RESTRICTIONS — Where a municipality has imposed a deed restriction on a property, it may vacate the same restriction when adopting a redevelopment plan, especially where there is no evidence that the restriction held any benefit to others.

• Opinion Date: August 22, 2011
• Real Property Law

Deutsche Bank National Trust Company v. Mitchell

FORECLOSURE; MORTGAGES — Generally, a party to seeking to foreclose a mortgage must own or control the underlying debt but, generally, custody and review of a lender’s computerized business records is not a sufficient basis to show personal knowledge that a lender holds a note and mortgage.

• Opinion Date: August 9, 2011
• Real Property Law

Textron Financial-New Jersey Inc. v. Herring Land Group, LLC,

LEASES; DRAFTING — When a lease calls for the use of fair market rent but does not provide a methodology for determining fair market rent, only calling for the appointment of appraisers, a court may require the appraisers to consider physical possibility, legal permissibly, financial feasibly, maximum productivity, as well as other factors.

• Opinion Date: June 29, 2011
• Real Property Law

Township of Mantua v. 568 Lambs Road

FORECLOSURE; TAX SALE — With respect to in rem foreclosures, a municipality is required to provide actual notice to all persons with a recorded lien interest in the subject property and such notice must be given in the same manner as service of process would be made or by mailing it to the holder’s last known address, which may mean an address in the municipality’s files related to recent transactions between the lienholder and the municipality.

• Opinion Date: June 24, 2011
• Real Property Law

Sosa v. Client Services, Inc.

FDCPA — The Fair Debt Collection Practices Act does not require the current creditor to provide the name and address of the original creditor in its initial notice to a debtor.

• Opinion Date: November 16, 2011
• Business Law

In the Matter of Protest of Scheduled Award of Contract T0711/RFP 10-X-20725

PUBLIC BIDDING — Where a successful public bidder’s proposal is consistent with the bidding requirements, a later submitted letter that more carefully explains and expands upon previously provided information does not constitute an impermissible correction of the original bid proposal.

• Opinion Date: July 29, 2011
• Business Law

Schulmann v. Director, New Jersey Division of Taxation

TAXATION — Under New Jersey’s tax law, an individual who pays the expenses of his or her corporation cannot deduct those expenses from the amount he or she reports as income from the corporation because individuals cannot disregard the corporate form by taking personal deductions for paying corporate obligations.

• Opinion Date: December 6, 2011
• Business Law