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Del Vecchio v. Chartoire

A-2492-06T1 (N.J. Super. App. Div. 2008) (Unpublished)

FORECLOSURE; TAX SALES; INTERVENORS — A motion to intervene by a prospective purchaser of property under foreclosure received even the day after the final date for redemption is properly denied.

A buyer purchased a sales tax certificate and brought a foreclosure action after the mandatory two year waiting period. On the last day permitted to redeem the property, an investor in the business of purchasing properties undergoing foreclosure, bought the property in “as-is” condition from the property owner and advanced her the money to redeem the property. The investor’s motion to intervene was delivered to the lower court by a messenger the day after the last day for redemption. Subsequently, the lower court denied the investor’s motion to intervene and redeem the property. It also denied the property owner’s motion to affirm the purchase and redemption. A motion to intervene brought by the investor’s mortgagee was also denied.

On appeal, the Appellate Division agreed with the lower court’s holding that because the investor’s motion to intervene was received after the final date for redemption, the motion was properly denied and that there was no need to consider whether nominal consideration was offered by the investor. As a result, the lower court’s denial of the investor’s motion to intervene and the lower court’s order voiding the deed transfer from the property owner to the investor were affirmed.

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