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GASKILL v. CITI MORTG., INC.

Docket No. A-5832-10T2

52 A.3d 192 (2012)

428 N.J. Super. 234

Robert D. GASKILL and Kathleen Gaskill, h/w, Plaintiffs-Appellants, v. CITI MORTGAGE, INC., f/k/a Citicorp Mortgage, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 2012.

Attorney(s) appearing for the Case

Joseph M. Pinto argued the cause for appellants (Polino and Pinto, P.C., attorneys; Mr. Pinto , on the brief).

Mary Lynn McCaffrey argued the cause for respondent (Isabel L. Becker, LLC, attorneys; Ms. McCaffrey , on the brief).

Before Judges CUFF, WAUGH and ST. JOHN.

The opinion of the court was delivered by

CUFF, P.J.A.D.

In this appeal, we address N.J.S.A. 2A:16-19.1, which permits a debtor, who has received a discharge of his debts in bankruptcy, to cancel a judgment entered in state court and discharge the record of that judgment. The Chancery Division judge held that the debtors could not avail themselves of this remedy against the judgment creditor because the judgment...

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