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Court Clarifies Standing Requirements if Note and Mortgage Separated

Publisher: New Jersey Law Journal
July 27, 2018
Day Pitney Author(s) Joy Harmon Sperling

Joy Harmon Sperling and Rachel Packer authored an article, entitled "Court Clarifies Standing Requirements if Note and Mortgage Separated," published by the New Jersey Law Journal. The article refers to a decision by the New Jersey Appellate Division in Capital One v. Peck, which involved the appeal of a final judgment in a residential foreclosure matter. The issue on appeal was separation of the note and mortgage, and whether that affected the plaintiff's right to foreclose. The court ultimately affirmed the foreclosure judgment despite its disapproval regarding the so-called "irregularities" with the perceived separation of the note and mortgage. It further recognized the procedure by which government-sponsored enterprise (GSE) entities foreclose. Sperling and Packer concluded that, given the confusion among many courts as to how the foreclosure process works with regard to GSE loans, the decision should be of assistance in that regard.

Recommended
American Conference Institute - National Forum on Residential Mortgage Regulatory Enforcement and Litigation

Day Pitney Partner Joy Harmon Sperling will present on a panel entitled "How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a Servicer," at the 27th American Conference Institute National Forum on Residential Mortgage Regulatory Enforcement and Litigation.

November 17, 2020
CFPB's Proposed Rule on Time-Barred Debt Disclosures
May 13, 2020

Day Pitney Alert

Tax Appeals, Residential Evictions, Postponed Due to COVID-19
March 25, 2020

Day Pitney Advisory

Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?
November 29, 2019

Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.

Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims

On October 30, Andrew Ingalls spoke on a panel, "Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims," at the 26th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, presented by the American Conference Institute (ACI) and held in Dallas, TX.

October 30, 2019
American Conference Institute (ACI), Dallas, TX
Meet Day Pitney's Livorsi, the Woman Whose Big Courtroom Victory Continues to Reverberate Across 2 Sectors
October 26, 2021

New Jersey Partner Christina Livorsi was featured in an in-depth New Jersey Law Journal Q&A titled, "Meet Day Pitney's Livorsi, the Woman Whose Big Courtroom Victory Continues to Reverberate Across 2 Sectors."

Law Journal Announces New Jersey Legal Awards Winners, Finalists
September 23, 2021

Kevin Duffy and Naju Lathia were honored at the New Jersey Legal Awards Ceremony on September 23, at the Brooklake Country Club in Florham Park, NJ.

Mark Romance Appointed ABA's Business Litigation Committee Co-chair
September 3, 2021

Day Pitney Litigation partner Mark Romance appointment to the ABA's Commercial and Business Litigation Committee as co-chair was featured in Intellectual Property Magazine.

Day Pitney Partner Mark A. Romance Appointed to Serve as Co-Chair for the Commercial & Business Litigation Committee for the American Bar Association Litigation Section
August 9, 2021

Day Pitney Press Release

Inside the Fight Over New York's Foreclosure Laws
August 9, 2021

Christina Livorsi is quoted in The Real Deal article, "Inside the Fight Over New York's Foreclosure Law."
Related Professionals
Joy Sperling
Joy Harmon Sperling
Parsippany, NJ
T: (973) 966 8217
New Jersey Hartford Stamford Greenwich New Haven West Hartford Boston
New York Washington, DC Providence Boca Raton Miami West Palm Beach

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