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GE CAP. MORTG. SERVICES v. WEISMAN

773 A.2d 122 (2000)

339 N.J. Super. 590

GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff, v. Irving WEISMAN; I. Weis Corp.; Unknown Occupants or Tenants 1-10; Defendants.

Superior Court of New Jersey, Chancery Division, Ocean County.

Decided September 8, 2000.

Attorney(s) appearing for the Case

Vincent Dimaiolo, for the plaintiff (Fein, Such, Kahn, & Shepard, attorneys, Parsippany).

Steven Pfeffer, Parsippany, for the defendants, Irving Weisman and I. Weis Corp. (Levin, Shea, Pfeffer & Topas, attorneys).

CLYNE, P.J.Ch.

In this residential foreclosure action, plaintiff moves to strike defendants' responsive pleadings. Defendants oppose, asserting that they did not receive the notice of intention required by the Fair Foreclosure Act (hereinafter "FFA"). N.J.S.A. 2A:50-53 to -68. The FFA requires that before a residential mortgage lender may "commence" a foreclosure action it must first serve, by registered or certified mail, a notice of intention (hereinafter...

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