MAJOR BOMBSHELL UNCOVERED BY METROFORENSICS: New Jersey's Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws and coerced the Superior Court Clerk into issuing illegal eviction orders
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jaynee.lavecchia@judiciary.state.nj.us;
barry.albin@judiciary.state.nj.us; lee.solomon@judiciary.state.nj.us;
walter.timpone@judiciary.state.nj.us; anne.paterson@judiciary.state.nj.us; fj.fernandez-vina@judiciary.state.nj.us;
stuart.rabner@judiciary.state.nj.us; stuart.rabner@njcourts.gov; 'Sven Pfahlert'
<sven.pfahlert@judiciary.state.nj.us>; 'Sven Pfahlert'
<sven.pfahlert@njcourts.gov>; 'Michelle Smith'
<Michelle.Smith@njcourts.gov>; 'Irene Komandis'
<irene.komandis@njcourts.gov>; 'EWN, Investigators'
<WABC-TV.The.Investigators@abc.com>; 7OnYourSideDanielle@abc.com
Dear Legislators and Justices:
It has been reported in the media (see excerpts below) that the Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws by:
It has been reported in the media (see excerpts below) that the Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws by:
1.
Entering ex-parte writs 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)
It is apparent that lawyers for the banks and other creditors have been colluding with the office of foreclosure lawyers to violate the tenancy laws of the state.
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). We have found that a tenant at sufferance is "'one who comes into possession of land by lawful title, usually by virtue of a lease for a definite period, and after the expiration of the period of the lease holds over without any fresh leave from the owner.'" Xerox Corp. v. Listmark Computer Sys., 142 N.J. Super. 232, 240 (App. Div. 1976) (citing Standard Realty Co. v. Gates, 99 N.J. Eq. 271, 275 (Ch. 1926)). WA GOLF COMPANY, LLC v. ARMORED, INC, Appellate Division, August 6, 2014.
To remove a tenant at sufferance,
the statutory procedures provided under the Summary Dispossess Act, N.J.S.
2A:18-53 et seq. must be followed. However, the lawyers for the creditors
failed to follow these procedures and therefore, the tenants-at-sufferance due
process rights established by the above state laws were violated.
The Office of Foreclosure and the
Clerk have been refusing to respond; that is why we are asking for your
intervention and investigation into these illegalities.
The Summary Dispossess Act, N.J.S. 2A:18-53 et seq. requires proof of notice to quit prior to entering a judgment for possession.
2A:18-56. Proof of notice to quit prerequisite to judgment
No judgment for possession in cases specified in paragraph "a." of section 2A:18-53 of this Title shall be ordered unless:
a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or
b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; or
c. The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term's notice to quit, which notice shall be deemed to be sufficient; and
d. It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.
In addition to the New Jersey and other state law that Plaintiff has cited, we also cite the law of the State of Virginia.
Evictions and Unlawful Detainers in
VA
House Bill 311 codifies certain roles and procedures during unlawful detainer matters:
1. A former owner of a single-family residential dwelling unit who remains in the property after foreclosure is now defined as a tenant at sufferance.
2. A successor owner has the right to file an unlawful detainer action three days after giving the tenant written termination notice.
The Virginia law is identical to the
one New Jersey has. Almost every other state has similar procedures. The
Clerk and the Office of Foreclosure have been negligently or intentionally
colluding with the lawyers for the creditors to violate the due process rights
of tenants - and as is typical, the New Jersey Supreme Court is asleep at the
wheel.
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 private law firm employee with 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 HUGE 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,
Ann Hopkins, Esq.