Not Waiting for Gidot
Posted by kevin on January 15, 2012 under Foreclosure Blog | 
Comments are off for this article
The buzz among foreclosure attorneys is that the NJ Supreme Court was going to issue expeditiously a decision in the Guillaume case, which dealt with whether a Notice of Intent (NOI) to Foreclose could just list the name and address of the servicer as opposed to the name and the address of the lender as specifically provided by the statute. Although not an issue in the lower court decision since they ruled that the name and address of a servicer was good enough, the second issue that everyone hopes that the Supremes deal with is what is the remedy for a violation. Some lower courts have said that the only remedy can be dismissal without prejudice; others say that putting case on hold until new notice is sent out is good enough. I believe that dismissal without prejudice is the proper remedy.
