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Posted by Admin Posted on Jan 20 2011

About a week ago (Jan 13), I noted how a New Jersey Court permitted Bank of America to proceed with a foreclosure even though BoA couldn't produce the mortgage document.  The Court wanted to prevent unjust enrichment of the borrower.

It's not all good news for the banks, though.  The Appellate Divison has now ruled against Deutche Bank in another case where the lender couldn't produce the mortgage documents. Deutsche Bank submitted an affidavit confirming the assignment of the mortgage to the bank. This time court looked at the statutory requirements and determined that Deutsche Bank hadn't provided the required documentation with its affidavit, and that the borrower hadn't been given the opportunity for discovery.

The Appellate Divisoin didn't stop the foreclosure, though.  They sent the case back to the trial court with instructions to resolve the factual question of whether Deutsche Bank had received an assignment of the mortgage.

The case is Deutche Bank National Trust Co. v. Wilson (App. Div., 34-2-0170).  The case is not approved for publication.