Citing the importance of post judgment discovery to aid in the process of judgment enforcement, the Appellate Division, First Department has determined that a subpoena served on the New York branch of an international bank, seeking information about accounts and records from branches outside of New York,...
Don't Leave Money Behind In a recent decision, the Appellate Division, First Department confirmed that a condominium claim of lien is, in fact, a continuing lien. Why is this significant? Typically, the time frame between the recording of a lien for past due maintenance fees and...
Several days ago, we all cackled when Fox News aired a story questioning whether a turkey is "fowl play". The story involved an airline passenger accompanied by a turkey. The airline permitted the turkey to board the flight and to obtain its own seat once...
In a published opinion dated June 11, 2015, the U.S. Bankruptcy Court for the District of New Jersey ruled that since the condominium owners' mortgage was under water, the condominium association's claim under the Chapter 13 was limited to payment of the six month lien priority only. The decision can be...
If your condominium association has delinquent owners, fear not the dreaded legal fees. In a decision dated May 1, 2015, the Appellate Division confirmed what community association collection attorneys already know. Condominium owners are statutorily and contractually obligated to pay monthly maintenance fees. Most governing...
A recent decision by the Appellate Division of the Superior Court of New Jersey confirmed the scope of the ADR requirement set forth in Bell Tower v. Haffert, 423 N.J. Super. 507 (App. Div. 2012). In The Glens at Pompton Plains Condominium Association, Inc. v. Van Kleeff, decided...
As the end of 2014 approaches, many community associations and board members will be forced to deal with the issue of how well they fared with resolving homeowner delinquencies for the past year. According to an article published by the Mortgage Bankers Association, a Washington,...
In an opinion dated July 8, 2014, the Appellate Division of the Superior Court of New Jersey ruled that the beneficiary of a decedent’s estate was not responsible to pay delinquent homeowners’ association fees. Homestead at Mansfield Homeowners Association v. Mount, 2014 WL 3055898. The matter...
Although statistically speaking, cases involving the collection of delinquent homeowners’ association fees do not rank in the top percentage of claims for FDCPA violations filed in federal court, law firms engaged to collect delinquent fees are subject to the FDCPA and law firms have been...
In a per curiam opinion dated June 25, 2014, the Appellate Division, following the principles of equity, declined to set aside a sheriff’s sale based on the defendants’ allegation of lack of notice of the sale in strict compliance with Rule 4:65-2. The Court affirmed...