Clark W. Griswold Would Be Proud: Citing Importance Of Summer Vacations, Family Part Permits Parent To Take Child Abroad

by:  Peter J. Gallagher (@pjsgallagher)

I loved the movie National Lampoon's Vacation as a kid but I did not truly appreciate it until I had children of my own and experienced family vacations from the parent perspective. This perspective may have been most eloquently summarized by Clark W. Griswold when he finally snaps near the end of his family's journey to Wally World:

I think you're all [expletive deleted] in the head. We're ten hours from the [expletive deleted] fun park and you want to bail out. Well I'll tell you something. This is no longer a vacation. It's a quest. It's a quest for fun. You're gonna have fun, and I'm gonna have fun . . . We're all gonna have so much [expletive deleted] fun we're gonna need plastic surgery to remove our [expletive deleted] smiles! You'll be whistling 'Zip-A-Dee Doo-Dah' out of your [expletive deleted]! I must be crazy! I'm on a pilgrimage to see a moose. Praise Marty Moose! Holy [expletive deleted]!

[For a similar take on family vacations, you can also check out Louis CK who describes his personal "vacation" as the few seconds he gets between closing the door on one side of the car and walking around to the driver's side before getting in and starting the real "vacation."]

I was reminded of these, admittedly cynical, impressions of family vacations when I read a recent decision, Lang v. Lang, from the Family Part. In that case, divorced parents fought over whether the mother could take their six-year-old son to Holland for the summer. Sprinkled throughout the court's opinion were descriptions of the importance of family vacations, including the following:

Vacations provide highly unique and valuable opportunities for a child to bond with parents and other family members, while creating highly positive and lasting  memories. The entire point of vacation travel is for adults and children alike to enjoy a invigorating break from the tedium of everyday schedules and responsibilities, and to mentally relax and rejuvenate by journeying to new  destinations, experiencing new sights and adventures, and simply enjoying themselves in as carefree a manner as possible.

The court obviously has fonder memories of family vacations than I do. I remember turning blue while driving through the safari at Six Flags in a Dodge Dart with the windows closed and no air conditioning. Nothing too invigorating about that.

 

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When, If Ever, Is A Residential Mortgage Not “Residential” For The Purpose of Foreclosure?

     by:  Peter J. Gallagher (@pjsgallagher)

Believe it or not, this question comes up from time to time in my practice (exciting life, I know). In recent years I have prosecuted many foreclosure actions, but only commercial foreclosures. So the first question I usually ask a colleague who comes to me with a foreclosure  question is: "Is it a commercial or residential property?" When the answer starts with something like, "Well, that is actually an interesting question . . . " then I can almost guess what is coming next. Usually it is some variation of: "It is a home, but they mortgaged it to get money to start a commercial enterprise, so I want to argue that its commercial property." Unfortunately, you usually can't make that argument (at least not successfully), and the Appellate Division's recent decision in City National Bank of New Jersey v. Hodge reminded us all of that fact again.

To begin with, the differences between commercial and residential foreclosures in New Jersey are significant. Most importantly, commercial foreclosures are not subject to the Fair Foreclosure Act, including the various notice requirements that are required for residential foreclosures under the Act. Simply put, New Jersey law provides greater protections for residential owners who are about to lose their homes than they do for commercial owners who are about to lose their place of business. This means that the burdens on lenders seeking to foreclose on a residential mortgage are more demanding, if not entirely onerous.

 

Continue reading “When, If Ever, Is A Residential Mortgage Not “Residential” For The Purpose of Foreclosure?”