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WOODLANDS COMM. ASS'N v. MITCHELL

Docket No. A-4176-15T2.

162 A.3d 306 (2017)

450 N.J.Super. 310

WOODLANDS COMMUNITY ASSOCIATION, INC., Plaintiff-Respondent, v. Adam T. MITCHELL, Defendant, and Nationstar Mortgage, LLC, and U.S. Bank, N.A., Successor Trustee to Bank of America, N.A. as Successor to LaSalle Bank, N.A. as Trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificate Series 2007-3, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 2017.

Attorney(s) appearing for the Case

Kathleen Cavanaugh argued the cause for appellant (Sandelands Eyet LLP, attorneys; Robert D. Bailey , of counsel and on the briefs).

Tiffany L. Byczkowski argued the cause for respondent (McGovern Legal Services, LLC; Ms. Byczkowski, on the brief).

Before Judges Sabatino, Currier, and Geiger.

The opinion of the court was delivered by

We are asked to determine whether a lender's assignee that takes possession of a condominium unit when the owner/mortgagor has defaulted on the loan, and thereafter winterizes the unit and changes the locks, is considered a "mortgagee in possession" of that unit, responsible for the...

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