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Showing posts from May, 2014

New Jersey Appeals Court Clarifies Requirements for Debt Purchasers Suing on Credit Card Debts

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In an unpublished decision, a New Jersey appeals court clarified the legal requirements that credit card debt purchasers must meet in order to pursue collection from consumer account holders. Main Street Acquisition Corp. v. Nemeth (App. Div., April 1, 2014). Click here to read the full post.

Mortgage Lender Whacked for $54,000 in Legal Fees in Botched Foreclosure Case

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In a recent unpublished decision, the New Jersey Appellate Division upheld a trial court's sanctioning HSBC more than $54,000 due to the bank's filing of a foreclosure suit without being able to prove that it holds the proper chain of title to the underlying mortgage and promissory note. HSBC Bank vs. Nini, A-1941-11T1 (App. Div. , Unpublished, April 30, 2014).  The irony of this decision is that despite claiming to be owed more than $700,000 on a property valued at only $361,000, the lender was forced to foot the bill for about half of the mortgagor's legal fees and expenses. Talk about getting a free ride!   Click here to read a more in-depth discussion of this Appellate Division case.