Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Toye v. Zone Investments

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 24, 2008

MARY TOYE, PLAINTIFF-APPELLANT,
v.
ZONE INVESTMENTS, L.L.C., WANDA SCOTT, LONG BEACH MORTGAGE, ALEX BUFFALOE AND ERIC MARTIN, DEFENDANTS-RESPONDENTS.

On appeal from the Superior Court of New Jersey, Chancery Division, Hudson County, C-97-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued telephonically May 28, 2008

Before Judges Stern, A.A. Rodríguez and Collester.

The matter is remanded to the Chancery Division for further consideration in light of Nowosleska v. Steele, ___ N.J. Super. ___ (App. Div. May 19, 2008) (which vacated a default judgment), to consider whether the transfer by plaintiff to defendant Zone Investments, L.L.C. by deed impacted on her ability to obtain surplus funds had the matter proceeded to a foreclosure sale, and whether, as a result, there was a predatory practice affecting plaintiff's equitable rights, and, if so, to consider an equitable remedy without prejudice to the rights of the mortgagee.*fn1

In this respect, the trial judge has authority to vacate the default judgment entered against defendants who did not appear and defend in plaintiff's action.

We do not retain jurisdiction.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.