Law of Mortgages with Forms, 2d (Vols 29, 30, 30A & 30B, New Jersey Practice Series)

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Get the expert guidance you need to draft new mortgage instruments, transfer mortgage interests, and handle foreclosures with Law of Mortgages with Forms. The authors provide practical from-the-trenches advice and resources for practitioners in general practice, corporate counsel, or government agencies to build a case, including:

Chase v. Josephson

• A step-by-step “walk through” of New Jersey's strict mortgage foreclosure process

• Model mortgage documents

• Checklists for closing mortgage loans

• Coverage of The Fair Debt Collection Practices Act, condominium association liens, lender liability and tax sales, and environmental concerns

• Case and statute citations

• Jury instructions

Summary of contents
Replacement pages

Volume 29
Chapter
1. Introduction and Historical Background
2. Mortgage Lending: The Institutional Framework
3. Mortgages: Types; Secondary Mortgages; Covenants; Due on Transfer and Subordination Clauses
4. The Mortgage Debt and the Debt Instrument
5. Subject Matter of the Mortgage
6. Capacity of Parties
7. Execution and Delivery of Mortgage
8. Disguised Security Transactions as Mortgages in Substance
9. Equitable Mortgages: Irregular Security Transactions
10. Priority of Mortgages; Recording Act
11. Transfer of Morgagee's Interest; Assignments; Negotiable Notes
12. Transfer of Mortgagor's Interest
13. Discharge of Mortgage; Payment; Prepayment Privileges; Reinstatement; Subrogation; Merger; Deed in Lieu of Foreclosure
14. Rights and Duties of Parties Prior to Default
15. Spreading the Risk of Mortgage Lending: Insurance and Guaranty
16. - 19. Reserved
Volume 30
1. Redemption
2. Mortgage Holder's Right to Possession and Rents After Default
3. Receivership in Mortgage Foreclosure Action
4. Default and Acceleration—Accrual of the Right to Foreclose
5. New Jersey's Fair Foreclosure Act
6. Fair Debt Collection Practices Act ("FDCPA")
7. Condominium Association Liens and Homeowners Association Liens
8. Strict Foreclosure; Partial Foreclosures; Sale Before Judgment; Power of Sale; Scire Facias; Installment Sales Contract
9. Mortgage Foreclosure—General Introduction; Jurisdiction; Venue; Title Search; Certificate of Regularity; Parties Plaintiff in Foreclosure Action
10. Parties Defendant in Foreclosure Action
Volume 30A
1. Pleadings and Process in Foreclosure Action
2. Procedure for Judgment and Execution
3. Contested Foreclosures: Defenses; D'Oench, Duhme; Lender Liability; Contaminated Property—CERCLA, Spill Act
4. Contested Actions—Motions, Trial, and Judgment
5. Optional Procedure
6. Foreclosure Sale
7. Title, Rights and Remedies of Purchaser After Delivery of Deed; Possession
8. Mortgagor's Bankruptcy—Impact on Mortgagee
9. Distribution of Surplus Moneys
10. Deficiency Judgments and Personal Liability
Volume 30B - Appendices: Check Lists and Forms
1. Check List for Closing Mortgage Loans When Representing the Lender Mortgagee
2. Check List for Closing Mortgage Loans When Representing the Borrower—Mortgagor
3. Documents for Use Prior to and at Closing of Mortgage Loan
4. Complete Mortgage, Bond and Promissory Note Forms
5. Additional Mortgage Clauses
6. Forms for Use in Subsequent Transactions
7. Foreclosure and Miscellaneous Procedural Forms
Table of Forms

Enter replacement volume, chapter and page numbers separated by commas. For example: Volume 2, Chapter 5, Pages 7, 12-19. Please limit requests to 25 pages or less. If you are located outside the United States or for more than 25 pages please contact Customer Service 1-800-328-4880.

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