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

Adelman v. BSI Fin. Services, ___ N.J. Super. ___ (App. Div. 2018).  This case, which was the subject of Judge Koblitz’s decision today, arose out of a foreclosure action.  Plaintiff, the defendant in the foreclosure case, belatedly (after the sheriff’s sale of the property of her husband, who had died after the sale, leaving plaintiff, his wife, as executrix of his estate) raised in the foreclosure action a defense that a loan modification had been granted to her.  T

Banc of America Leasing & Capital, LLC v. Fletcher-Thompson, Inc., ___ N.J. Super. ___ (App. Div. 2018).  Judge Koblitz kicked off 2018 with a concise opinion that expresses an important legal rule: a creditor of an individual debtor may not obtain turnover of funds in a joint account unless the creditor establishes that the funds belong to the debtor alone.  Plaintiff sought and obtained a turnover order against several parties, including defe