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EMC MORTG. CORP. v. CHAUDHRI

No. A-5261-06T2.

946 A.2d 578 (2008)

400 N.J. Super. 126

EMC MORTGAGE CORPORATION, Plaintiff-Appellant v. Ishaque CHAUDHRI and Claudia Chaudhri; Shazia Chaudhri-Dewit; and Gateway Funding Diversified Mortgage Services, L.P., Defendants-Respondents, and Dan Ballantine Well Drilling, Inc.; Allied Building Products Corp.; Federal Deposit Insurance Corporation, as Receiver for Resolution Trust Corporation, in its Capacity as Conservator of State Savings, FSB, Chester Partnership; The National Bank of Sussex County; Bank of Baroda; Mary Kabasakalian; J. Clark Geddis, Esquire; The Orthopedic Group; Wachovia National Bank of Delaware, N.A., f/k/a First Union National Bank of Delaware f/k/a First Union Bank of Delaware, f/k/a Corestates Bank of Delaware, N.A., Michael Earl; Signe Pallosen Einar Halvorsen and Oslo Halvorsen (Valle); and Michael Kolody, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 2008.

Attorney(s) appearing for the Case

Udren Law Offices, P.C., Cherry Hill, for appellant (Heidi R. Spivak, on the brief).

Hunt, Hamlin & Ridley, Newark, for respondents Ishaque and Claudia Chaudhri (Raymond L. Hamlin, of counsel and on the brief).

Law Office of Bhavini Tara Shah, L.L.C., Edison, for respondent Shazia Chaudhri-DeWit (Bhavini Tara Shah, on the brief).

Sanchez, Sanchez & Santoliquido, Elizabeth, and Hartlaub, Dotten & Terry, P.C., Summit, for respondent Gateway Funding Diversified Mortgage Services, L.P. (Carolyn Gilinsky, on the brief).

Before Judges LISA, LIHOTZ and SIMONELLI.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

We reverse the dismissal of plaintiff's foreclosure complaint. We conclude the motion judge erred in interpreting the notice requirements of the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68, and incorrectly imposed an obligation on plaintiff to provide actual notice of the recorded assignment of mortgage to the mortgagors prior to initiating foreclosure. We also determine that sufficient...

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