Category: Real Property Law

GE Capital Mortgage Services, Inc. v. Weisman

FORECLOSURE; NOTICE—Where there is an issue as to whether proper notice has been sent before commencing a residential foreclosure, a court may retain jurisdiction and adjourn the matter so that notice can be given and the requisite statutory time period can pass.

• Opinion Date: May 18, 2001

Medcon Farms v. Pulte Home Corporation of the Delaware Valley

FORECLOSURE; MORTGAGES—Although a lender may generally insist upon strict compliance with the terms of a mortgage, a court of equity may bar a mortgagee whose own conduct created confusing circumstances from declaring a default.

• Opinion Date: November 19, 2001

Bank Building Associates, L.P. v. Metlife Capital Financing Corporation

FORECLOSURE; MORTGAGES; BREACHES—Not every breach of a mortgage entitles a lender to foreclose and attorneys fees may not be awarded where a court feels the parties reach a “draw” in the litigation.

• Opinion Date: June 14, 2001

BTD-1996 NPC 1 L.L.C. v. 350 Warren L.P.

FORECLOSURE; FEES—Even if excessive when compared to a sheriff’s actual costs, the fee charged for a cancelled foreclosure sale is valid whether characterizable as a fee or a tax.

• Opinion Date: November 14, 2001

Bankers Trust Company of California, N.A. v. Dayan

FORECLOSURE—The Fair Foreclosure Act does not require that a foreclosing lender provide a detailed list of agencies that provide financial assistance programs; identifying where a borrower may find such a list is sufficient.

• Opinion Date: November 25, 2001

Llewellyn-Edison Savings Bank v. Sussman

FORECLOSURE—Even though a foreclosing mortgagee does not receive cash at the sheriff’s sale when it is the successful bidder, it must give the mortgagor credit for the amount of its bid.

• Opinion Date: June 18, 2001

Holiday Trenton, Inc. v. Goldberger, Moore & Novick Urban Renewal, L.P.

FORECLOSURE—A foreclosing mortgagee is entitled to recover only those post-default expenses permitted under the mortgage and needed to preserve the security of the mortgage.

• Opinion Date: June 13, 2001

Rowie Enterprises, Inc. v. Florio

FORECLOSURE—If an initial sheriff’s advertisement states that the right to adjourn a foreclosure sale is reserved without the need to publish further notice, then the sheriff cannot insist that the foreclosing mortgagee pay for the cost of publishing additional notice.

• Opinion Date: June 8, 2001

Bankers Trust Company of California v. Wiltbank

FORECLOSURE—Redemption is cut off ten days after a sheriff’s foreclosure sale unless an owner can demonstrate that the sale was defective.

• Opinion Date: May 21, 2001

In re Estate of Donald Goldman, deceased

ESTATES; DEVISES—Where a will both devises a property and gives the executor power to sell the property, the executor can sell the property and use the proceeds to pay the decedent’s debts if it is the last available estate asset.

• Opinion Date: January 4, 2001