March 27, 2013

A few years ago, the New Jersey Supreme Court decided U.S. Bank Nat’l Assoc. v. Guillaume, 209 N.J. 449 (2012), which settled the uncertainty surrounding the appropriate remedy available to a trial court when faced with a plaintiff in a foreclosure action who has failed to serve a “notice of intention to foreclose” in compliance with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:5053–68. The court in Guillaume overruled case law holding that dismissal without prejudice was the sole remedy availabl...

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