In 1820 Amwell, L.L.C. v. Patti, (App. Div. 2012), the Appellate Division held, in a summary dispossess action, that upon delivery of the Sheriff's Deed the purchaser at Sheriff's sale is vested with a fixed and legal right to collect rent, retroactive to the date of the Sheriff's sale.

Read More

Hageman v. 28 Glen Park Assoc., LLC, 402 N.J. Super 43 (Ch. Div. 2008): In this case a foreclosed homeowner brought an action against the third party bidder at Sheriff’s sale. David Kessler & Associates filed a motion to dismiss the homeowner’s Complaint prior to trial. The Court granted the motion and dismissed the homeowner’s action, holding that the homeowner, who had initially obtained a stay of the foreclosure sale based upon false statements to the Court, was precluded by the Doctrine of Unclean Hands from maintaining an action against the third party bidder.

Read More

In re Connors, 497 F3d 314 (3d Cir. 2007): In Connors, the Court of Appeals followed the “Gavel Rule”, holding that a homeowner cannot cure a mortgage default beyond the day of the foreclosure sale.

Read More

Tobar Construction Company v. R.C.P. Associates, 293 N.J. Super 409 (App. Div. 1996)

Read More