Tuesday, December 11, 2018

INCOMPETENCE OR CORRUPTION? YOU BE THE JUDGE: New Jersey's Office of Foreclosure has either negligently or intentionally violated a number of state laws. CONFLICT OF INTEREST OF SVEN PFAHLERT IN ISSUING OPINIONS ON FORECLOSURE MATTERS



Dear Legislators:

It has been reported in the media that the Office of Foreclosure has either negligently or intentionally violated a number of state laws by:

  • 1.      Entering ex-parte writ of possession the same day as a judgment for possession in violation of N.J.S.A. 2A:18-57;
  • 2.      Entering ex parte writs of possession without the requisite notice for demand to quit in violation of 2A:18-61.2 and/or NJSA 2A:18-53 (addressing the removal of tenant at sufferance)
  • 3.      Entering an ex-parte judgment for possession without receiving a proof of notice to quit that is prerequisite to judgment (See N.J.S.A. 2A:18-56);
  • 4.      Accepting as true the self-certifications of bank attorneys that a residential property occupier had no possessory rights when according to state case law these people are tenant-at-sufferance, protected by the Summary Dispossess Act, N.J.S. 2A:18-53 (See the definition of tenant found in NJSA 46A:14-1, stating that a tenant-at-sufferance is included in the definition of a tenant)


The State’s own law revision commission states the following:

Since enactment of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., the Summary Dispossess Act has been understood to cover the eviction of nonresidential tenants and residential tenants not covered by the Anti-Eviction Act.  Source: STATE OF NEW JERSEY, NEW JERSEY LAW REVISION COMMISSION, Final Report Relating to Landlord and Tenant Law, February 10, 2012.
This tenancy at sufferance is included in the definition of tenant in the New Jersey statutes: "Tenant" includes, but is not limited to, a lessee or tenant at will or at sufferance or for any duration, or any subtenants, assigns, or legal representatives of the lessee or tenant. Title 46A – Landlord and tenant law. Article 5, eviction, chapter 14, eviction generally.  46A:14-1: Tenant, landlord, residential rental premises; what is included.

Here is some of the case law of New Jersey:
Under New Jersey law, "[a] purchaser at a mortgage foreclosure sale obtains the legal right to possession of land purchased as soon as he obtains a deed from the selling officer." 30 New Jersey Practice, Law of Mortgages § 373. The mortgagor's continued possession of the property after such time is that of a tenant at sufferance. See Caruso v. Hunt, 69 N.J.Super. 447, 452, 174 A.2d 381 (Ch.Div. 1961) (quoting 2 C.J.S. Adverse Possession § 105, page 659) ("The owner's continued possession after sale of the property at execution, judicial, or like sale is that of a tenant at sufferance of the purchaser”). In Re St. Clair, 251 B.R. 660 (D.N.J. 2000).

CONFLICT OF INTEREST OF SVEN PFAHLERT IN ISSUING OPINIONS ON FORECLOSURE MATTERS
What your Office of Foreclosure did was to then believe Mr. Sven Pfahlert’s (a former employee of private law firm Honig & Greenberg, L.L.C. – these are the people who have been attacking the homeowners and now he works for the State of New Jersey- THIS IS A BIG RED FLAG) incorrect and illegal advice and enter an ex-parte judgment for possession without the prerequisite notices.  You then entered the very same day an ex-parte writ for possession again in violation of the state statutes requiring notice to quit or vacate.  You also violated state law that says you cannot enter a writ the same day you entered a judgment.  To make matters worse, the judgment was entered by judges in Mercer County who had neither personal nor subject matter jurisdiction over the homeowner or the property.


I LOOK FORWARD HEARING FROM YOU REGARDING THESE STATE LAW VIOLATIONS AND THE CONFLICTS OF INTEREST REGARDING MR. PFAHLERT
I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct.  I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.

Respectfully Submitted,



___________________________________
JOSHUA EPSTEIN, ESQ.