Challenges To Foreclosure Rejected

In Countrywide Home Loans Servicing v. Muguia, No. A-5300-09 (App. Div. Mar. 11, 2011), the plaintiff, Countrywide Home Loans, Inc., filed suit against the defendant Victor Muguia and his wife.  The plaintiff sought to foreclose on a mortgage on the defendants’ property in Union.  The plaintiff served the complaint on the defendants but they did not answer it.  On June 2, 2008, default was entered against them and one week later the plaintiff’s attorney provided them with notice of default, as well as their right to cure the default, pursuant to the Fair Foreclosure Act.  Under the Act, the defendants had forty-five days to cure the default.


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