GONZALEZ v. WILSHIRE CREDIT CORP.

No. A-99 September Term 2009

25 A.3d 1103 (2011)

207 N.J. 557

Blanca GONZALEZ, Plaintiff-Respondent, v. WILSHIRE CREDIT CORPORATION and U.S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement dated March 14, 1997 for Cityscape Home Equity Loan Trust 1997-B, Inc., Defendants-Appellants.

Supreme Court of New Jersey.

Decided August 29, 2011.


Attorney(s) appearing for the Case

Kim A. Watterson , a member of the Commonwealth of Pennsylvania bar, argued the cause for appellants (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Richard P. Haber and Anthony J. Risalvato , Morristown, of counsel and on the briefs).

Madeline L. Houston argued the cause for respondent (Houston & Totaro, Bloomfield, attorneys).

Janine N. Matton , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Paula T. Dow , Attorney General, attorney; Andrea M. Silkowitz , Assistant Attorney General, of counsel; Ms. Matton and Megan Lewis, Deputy Attorney General, on the brief).

Michael R. O'Donnell submitted a brief on behalf of amicus curiae New Jersey Bankers Association (Riker Danzig Scherer Hyland & Perretti, attorneys; Mr. O'Donnell, Ronald Z. Ahrens , and Anthony C. Valenziano , Morristown, on the brief).

Rebecca Schore , Newark, submitted a brief on behalf of amicus curiae Legal Services of New Jersey ( Melville D. Miller, Jr. , attorney; Mr. Miller, Ms. Schore, Margaret Lambe Jurow , and David McMillin on the brief).


Justice ALBIN delivered the opinion of the Court.

Plaintiff Blanca Gonzalez pledged as collateral the home she jointly owned with Monserate Diaz to secure a loan he obtained from Cityscape Mortgage Corporation. Diaz died, and afterwards plaintiff began making the necessary mortgage payments to the then holder of the loan, defendant U.S. Bank Association. When plaintiff fell behind in making timely payments, the bank secured a foreclosure judgment. The defendant servicing...

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