In a recent unpublished decision, the New Jersey Appellate Division upheld a trial court’s sanctioning HSBC more than $54,000 due to the bank’s filing of a foreclosure suit without being able to prove that it holds the proper chain of title to the underlying mortgage and promissory note. HSBC Bank vs. Nini, A-1941-11T1 (App. Div. , Unpublished, April 30, 2014).
The irony of this decision is that despite claiming to be owed more than $700,000 on a property valued at only $361,000, the lender was forced to foot the bill for about half of the mortgagor’s legal fees and expenses. Talk about getting a free ride!
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Attention New Jersey Mortgage Lenders: Get your Ducks in a Row Before Filing Foreclosure