Capital One, N.A. v. Peck, ___ N.J. Super. ___ (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 Federal Home Loan Mortgage Corporation, a government sponsored enterprise that is colloquially known as “Freddie Mac,” owned the note, while plaintiff, the successor to the lender who made the loan and the servicer of the loan, continued to h

Brunt v. Board of Trustees, Police & Firemen’s Retirement System, ___ N.J. Super. ___ (App. Div. 2018).  In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants must bear their own fees and costs.  This decision today by Judge Rose, in a case that was argued before her and Judge Ostrer, and then re-argued before those two judges and Jud

Pisack v. B&C Towing, Inc., ___ N.J. Super. ___ (App. Div. 2018).  This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq. (“Towing Act”), the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et seq. (“TCCWNA”), and even the Tort Claims Act, N.J.S.A. 59:1-1 et seq. (“TCA”).