Is NJ's Mortgage Foreclosure Standing Criterion Fair to Borrowers? | New Jersey Law Journal – Law.com

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ANALYSIS
The author argues that one prong of New Jersey’s two-pronged mortgage foreclosure standing criterion is incorrect, thereby impugning the entire standard. This raises serious questions about whether standing defenses by borrowers are being properly evaluated and justly resolved.
October 15, 2021 at 10:30 AM
10 minute read
Creditors’ and Debtors’ Rights
With the pandemic winding down and an end to the mortgage foreclosure moratoria in sight, there is the specter of a glut of new foreclosures to come. Unfortunately, New Jersey courts will face this onslaught with the most confusing, contradictory and inconsistent criterion for standing imaginable. Not surprisingly, New Jersey courts, having created the problem, are not interested in fixing it.
Standing has been the most contested issue in mortgage foreclosure actions in New Jersey since the Great Recession.     
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