Foreclosure Notice of Sale: Christiana Trust v. Gomez Docket No. A-4255-18T3 - Prevailed on behalf of Lender
Apr 01, 2020OUTCOME: Successfully Defended Appeal and Stay Motion by Borrower
Lizotte PLLC represented the lender. From the appellate brief: "After a foreclosure judgment, sale of the mortgaged premises was originally scheduled for February 1, 2018. The sale was stayed sev ... eral times when Defendant invoked a statutory stay and exhausted the number of bankruptcy stays permitted within one year. Plaintiff sent Defendant a notice of sale on January 10, 2019 by regular and certified mail return receipt requested notifying Defendant that the sale would take place on January 24, 2019. Defendant filed for bankruptcy on January 18, 2019, but the bankruptcy did not stay the sale. The property was sold to Plaintiff at a Sheriff’s sale held on January 24, 2019. Defendant filed a motion to set aside the sale arguing that he was unaware that the property would be sold on January 24, 2019. However, Defendant was aware that the property would be sold pursuant to the judgment as evidenced by his actions prior to the sale and his actions in response to notice of the previously adjourned sale dates. The Trial Court held that Defendant had notice that the sale would be held on January 24, 2019 and held that equity demanded that the sale not be disturbed. Defendant’s motion for reconsideration was denied." From the Appellate Court: "We are satisfied the judge did not abuse his discretion by denying the motion to vacate the sheriff's sale. The record reflects plaintiff served defendant and defendant's attorney with the notice of the January 24, 2019 sheriff's sale via "regular and certified mail, return receipt requested." In accordance with Rule 4:65-2, the notice mailed to defendant was sent to the Property where defendant resides, and the notice mailed to defense counsel was sent to the law firm's business address. Defendant cited no legal authority in support of his reliance on the Hudson County Sheriff's website instead of the duly served notice of sale."
