"Now more than ever, community associations, especially those managing age-restricted developments, must be familiar with the various statutory controls concerning handicapped accessibility. In a time when many are looking to cut costs, the last thing an association needs is to be assessed civil penalties after being found in violation of an anti-discrimination statute. Rather, an association must collectively understand its obligations, options and appropriate responses when crafting a response to a complaint of deficient handicapped access."
So begins an article, entitled Handicapped Access: What is an Association’s Obligation to its Members?, written by Steven P. Gouin in Community Trends magazine. Click on the link for more details on this important issue.
by: Steven P. Gouin
The New Jersey Chancery Division has reaffirmed that substantial compliance with New Jersey’s Fair Foreclosure Act (“FFA”) is not enough to overcome a motion to dismiss a foreclosure complaint. In Bank of New York Mellon v. Elghossain, the Chancery Court noted that the issue of whether a mortgage servicer’s Notice of Intent to Foreclose (“NOI”) satisfies the FFA’s statutory mandate that notice be provided by the lender, had not yet been decided in New Jersey. Ultimately, the Court held that, where an NOI identifies only the servicer and not the lender, the NOI is deficient and the foreclosure complaint should be dismissed without prejudice.
Continue reading “What’s In A Name? Identifying Servicer, Not Lender, Inadequate Notice Of Intent To Foreclose Under New Jersey’s Fair Foreclosure Act”