Re: tenant in house in foreclosure

Posted by Nick(Colorado) on August 30, 2005 at 10:48:04:

In Reply to: tenant in house in foreclosure posted by Ruth Farr on August 29, 2005 at 17:23:01:

Frank,

OK, assuming that you are referring to:

(Chase Manhattan Bank vs. Josephson) 261 NJ. Super. 428, 619 A.2d 241

Holding:
Affirmed. The defendants claimed that the 1986 amendments to New
Jersey's Anti-Eviction Act, overturned existing case law, and now
required foreclosing mortgagees to comply with the removal for cause
provision in the Anti-Eviction Act. The Superior Court rejected the
defendants' argument after analyzing the legislative history of the
1986 amendments, and determining that the law was not intended to
alter the property rights of legitimate mortgagees.

How does this help?

Ruth Farr indicates that the property is not located in New
Jersey. And the above case only restates that a mortgage
predating a tenancy lease, has priority over that lease.
The mortgage may eveict without cause.

Follow Ups:

• Re: tenant in house in foreclosure - fRANK 22:20:23 08/30/05 (0)

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Comments:
: Frank,

: OK, assuming that you are referring to:

: (Chase Manhattan Bank vs. Josephson) 261 NJ. Super. 428, 619 A.2d 241

: Holding: 
:  Affirmed. The defendants claimed that the 1986 amendments to New 
:  Jersey's Anti-Eviction Act, overturned existing case law, and now 
:  required foreclosing mortgagees to comply with the removal for cause 
:  provision in the Anti-Eviction Act. The Superior Court rejected the 
:  defendants' argument after analyzing the legislative history of the 
:  1986 amendments, and determining that the law was not intended to 
:  alter the property rights of legitimate mortgagees. 

: How does this help?

: Ruth Farr indicates that the property is not located in New 
: Jersey. And the above case only restates that a mortgage 
: predating a tenancy lease, has priority over that lease.
: The mortgage may eveict without cause.


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