Capital One, N.A. v. Peck, 455 N.J. Super. 254 (App. Div. 2018). In the usual foreclosure case, the same entity owns both the note and the related mortgage. The facts of today’s opinion by Judge Koblitz, however, were that the ...
Foreclosure Defendant May Not Fail to Pursue a Germane Defense and Then Sue for Fraud by Foreclosure
Adelman v. BSI Fin. Services, 453 N.J. Super. 31 (App. Div. 2018). This case, which was the subject of Judge Koblitz’s decision today, arose out of a foreclosure action. Plaintiff, the defendant in the foreclosure case, belatedly (after the sheriff’s ...
Banc of America Leasing & Capital, LLC v. Fletcher-Thompson, Inc., ___ N.J. Super. ___ (App. Div. 2018). Judge Koblitz kicked off 2018 with a concise opinion that expresses an important legal rule: a creditor of an individual debtor may not ...
Today, Chief Justice Rabner issued the 2016-2017 General Assignment Order, which is available here. This document contains the assignments of all Superior and Tax Court judges for the coming term. Relevant to the Appellate Division, the General Assignment Order continues ...
Bisbing v. Bisbing, 445 N.J. Super. 207 (App. Div. 2016). N.J.S.A. 9:2-2 provides that children of divorced parents cannot be removed from the jurisdiction of the Superior Court “without the consent of both parents, unless the court, upon cause shown, ...
Matison v. Lisnyansky, 443 N.J. Super. 549 (App. Div. 2016). This opinion by Judge Koblitz today, which dismisses the appeal, is one of the shortest published Appellate Division decision that I can recall. That is because no lengthy discussion was ...
New Jersey Division of Child Protection & Permanency v. B.O., 438 N.J. Super. 373 (App. Div. 2014). Very few appeals are based on the argument that the finder of fact erred in assessing the credibility of witnesses. That is because ...
Sessner v. Merck Sharp & Dohme Corp., 435 N.J. Super. 347 (App. Div. 2014). “Dilatoriness in … promptly notifying the court that [settlement] has occurred reflects not only a lack of consideration but a lack of concern for the wasted ...
New Jersey Div. of Child Protection & Permanency v. L.W., 435 N.J. Super. 189 (App. Div. 2014). Impoverishment does not equal child neglect. That is the conclusion of this opinion by Judge Koblitz. The Appellate Division reversed a finding by ...
Newman v. Board of Review, 434 N.J. Super. 493 (App. Div. 2014). This is a case in which plaintiff sought unemployment benefits. The detailed facts of the case are almost not relevant. In an opinion by Judge Koblitz, on plaintiff’s appeal ...