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New Jersey

Liberty and Prosperity

Quick Facts
 
Capital: Trenton
 
Area: 7,836 square miles
 
Ranks 46th in size
 
Nickname: Garden State
 
State Slogan: Come See for Yourself
 
Admission Date: 1787
 
State Flower: Violet
 
State Bird: Eastern Goldfinch
Did you know?
  • The official animal of New Jersey is the horse.
     
  • In 1846, the first professional baseball game was played in Hoboken, New Jersey.
     
  • The telegraph by Samuel Morse, and the electric light bulb, phonograph and hundreds of other things by Thomas Edison were invented in New Jersey.
     
  • 100 battles were fought in New Jersey during the War for Independence.
     
  • In 1896, the first professional basketball game was played in Trenton New Jersey, between the Trenton and Brooklyn YMCA's. The players were paid $15 each.

On December 18, 1787, New Jersey became the 3rd State to be admitted into the United States of America. Below are excerpts of the New Jersey Constitution followed by what has and is happening in New Jersey.


The Constitution of New Jersey
We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.
Preamble

All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
Article 1, Section 1

No person shall be deprived of the inestimable privilege of worshipping Almighty God in a manner agreeable to the dictates of his own conscience; nor under any pretense whatever be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right or has deliberately and voluntarily engaged to perform.
Article 1, Section 3

The right of trial by jury shall remain inviolate; but the Legislature may authorize the trial of civil causes by a jury of six persons. The Legislature may provide that in any civil cause a verdict may be rendered by not less than five-sixths of the jury. The Legislature may authorize the trial of the issue of mental incompetency without a jury.
Article 1, Section 9


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It is happening in New Jersey



Couple Heads Off Foreclosure By Fighting Back
A New Jersey couple fought their foreclosure and ended up being able to keep their home. Way to go Elghossain Family. Thanks for setting a precedent for New Jersey homeowners. A piece of the story and his advice: When I got the foreclosure complaint I found out the people suing me was not the people I had been paying. Now I had issues with am I paying the right party, and paying the right bank. So naturally I didn't continue payments even though I could've made the payment...Homeowners in New Jersey don't contest their foreclosures, and they should. With all the forgery and fraud, people should contest their foreclosures.
Read more...

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Tags: New Jersey
Source: https://www.aol.com/article/2011/04/12/couple-heads-off-foreclosure-by-fighting-back/19906309/
Article by Sheree R. Curry, April 12, 2011

 

Attorney General Porrino Announces $45 Million Multi State Settlement with PHH Mortgage Corporation
If a tire shop knowingly sold bad tires, it would face severe liability and be closed down. If a restaurant knowingly fed bad food, it would be prosecuted and closed down by the Health Department. But a bank can steal your home and all the money you have given them by paying a little fine and stay open. How much does PHH make annually? Americans need to realize these banksters consider these fines the cost of doing business…successfully. When is someone going to punish the banks? When is a superhero going to step forward to truly help the homeowners? It is time.
Read more...

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Tags: New Jersey
Source: http://www.nj.gov/oag/newsreleases18/pr20180103b.html
Article by State of New Jersey News Release

 

Mt. Laurel mortgage firm pays $45M to settle complaints
We have made and will continue to make the necessary enhancements in our operations to ensure we remain compliant and continue to serve our customers in a fair and appropriate manner... PHH Mortgage

PHH took over our Idaho loan in February 2010. We were current with our loan. PHH claimed an astronomical default amount and began foreclosure proceedings though no default existed. They refused to provide any proof of default or work with us in any way whatsoever. PHH tried to do a non-judicial foreclosure even though our property was secured with a mortgage and did not qualify for a non-judicial foreclosure due to governing laws regarding the size of the property. They created a fraudulent assignment from JP Morgan Chase to PHH to execute the non-judicial. We hired an attorney to stop the non-judicial. They then filed for a judicial foreclosure. Our attorney added JP Morgan Chase to the litigation. PHH was relentless in attacking us and our entire financial portfolio. They contacted other creditors to falsely claim we had abandoned the property, were refusing to fulfill our obligations, to inform them we were great credit risks, etc.  The District Court awarded summary judgment to Chase because the Court determined Chase had never owned the property and was only a Servicer so any of our claims against them had to be dismissed. The same judge then granted PHH standing based on the fact Chase owned the property and had assigned it to PHH. There is a lot more to our story which you can read on this website. It suffices to say that as of February 2018, PHH is still defrauding us. Nothing has changed. They have not served us in a fair and appropriate manner. They are foreclosing on a ranch they do not own, when we did not default, and they have no rights to take action.

As far as this settlement, $840 is being paid to these poor homeowners. When was the last time you had the opportunity to purchase a home for $840. There are very few places you can even rent for $840 a month! So to set the record straight…PHH steals your home and all the equity you have in it, gives you $840 to make up for it, and you are supposed to believe your Attorney General is working for you and taking care of you. Are we the only people in America that can do the math and think on our own? Wake up, America! Our land is being sold out from under us one foreclosure and one settlement agreement at a time.
Read more...

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Tags: New Jersey
Source: https://www.courierpostonline.com/story/news/local
Article by Jim Walsh, January 3, 2018

 

Homeowner to CHASE Bank: Dear Mr. Lowman, here I am.
This article is about the loops homeowners are being forced to jump through in order to secure loan modifications. Martha Wright sent this letter to David Lowman, CHASE CEO: Dear Mr. Lowman, I'd like to take you up on your offer made during the House Committee on Financial Services hearing Tuesday April 13, 2010 regarding Financial Mitigation Programs, where you said folks who were not getting answers from CHASE regarding a mortgage modification should "come to you". Read the rest of her letter and review her notes. We posted this article on this page to give an example of good communication documentation to keep for your case. Unfortunately, Martha's situation is all too familiar for those seeking loan modifications or any kind of loan help. Are you one of them? Send us your stories. We will try to help by posting them here and passing them on to any superheroes we find in the legal system that might be in a position to help.
Read more...

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Tags: New Jersey
Source: http://www.givemebackmycredit.com/blog/2010/04/homeowner-to-chase-bank-dear-mr-lowman-here-i-am.html
Article by Denise Richardson, April 20, 2010

 

Home Defenders Take Action Against Wells Fargo in Support of 86 Year Old Grandmother Facing Foreclosure
Supporters delivered petitions....signed by over 2,000 people to Wells Fargo branches around the country, urging the bank not to foreclose on Lavinia Curry, an 86 year old Grandmother in Irvington, NJ....
Read more...

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Tags: New Jersey
Source: http://occupyourhomes.org/blog/2014/feb/20/action-against-wells-fargo-supporting-grandmother/
Article by Shab Bashiri, February 20, 2014

 

A decade after the housing crisis, foreclosures still haunt homeowners
Those who went into foreclosure during the housing crisis are still feeling its effects...Nearly 7.8 million homes went into foreclosure between 2007 and 2016...
Read more...

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Tags: New Jersey
Source: https://www.marketwatch.com/story/a-decade-after-the-housing-crisis-foreclosures-still-haunt-homeowners-2018-09-27
Article by Kari Paul and Jacob Passy, September 30, 2018

 


Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.



Possession of Note
“…plaintiff presented no evidence of having possessed the underlying note prior to filing the complaint. If plaintiff did not have the note when it filed the original complaint, it lacked standing to do so, and it could not obtain standing by filing an amended complaint.”
Deutsche Bank Nat. v. Mitchell, 422 N.J. Super. 214, 27 A.3d 1229 (2011)

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Tags: New Jersey
Source: Deutsche Bank Nat. v. Mitchell, 422 N.J. Super. 214, 27 A.3d 1229 (2011)

 

Holder of Note
“From the maker’s standpoint, therefore, it becomes essential to establish that the person who demands payment of a negotiable note, or to whom payment is made, is the duly qualified holder. Otherwise, the obligor is exposed to the risk of double payment, or at least to the expense of litigation incurred to prevent duplicative satisfaction of the instrument. These risks provide makers with a recognizable interest in demanding proof of chain of title. Consequently, plaintiffs here, as makers of the notes, may properly press defendant to establish its holder status.”
In re Kemp, 440 B.R. 624 (Bankr. D.N.J. 2010)

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Tags: New Jersey
Source: In re Kemp, 440 B.R. 624 (Bankr. D.N.J. 2010)