US BANK NATIONAL ASSOCIATION, as Trustee for CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-3, Plaintiff-Respondent,
v.
Maryse GUILLAUME and Emilio Guillaume, Defendants-Appellants, and
City of East Orange, Defendant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 30, 2011.
Decided February 27, 2012.
Attorney(s) appearing for the Case
Rebecca Schore, Newark, argued the cause for appellants (Legal Services of New Jersey, attorneys; Ms. Schore, Melville D. Miller, Jr., President, Margaret Lambe Jurow, and Engy Abdelkader, on the briefs).
Mark S. Melodia argued the cause for respondent (Reed Smith, attorneys; Mr. Melodia, Diane A. Bettino, Princeton, and Henry F. Reichner, on the briefs).
Linda E. Fisher submitted a brief on behalf of amici curiae Seton Hall University School of Law Center for Social Justice and Center for Responsible Lending (Seton Hall University School of Law Center for Social Justice, attorneys; Ms. Fisher and Kyle L. Rosenkrans, on the brief).
Brian C. Nicholas and Jaime R. Ackerman submitted a brief on behalf of amicus curiae Mortgage Bankers Association of New Jersey (Zucker, Goldberg & Ackerman, attorneys).
Douglas S. Brierley submitted a brief on behalf of amicus curiae Federal National Mortgage Association (Scarinci & Hollenbeck, attorneys; Mr. Brierley and Frank P. Kapusinski, on the brief).
Brian C. Nicholas, Jaime R. Ackerman, Edward W. Kirn, Parsippany, Shari A. Seffer, Michael H. Hanusek, Vladimir V. Palma, and Rosemarie Diamond, Mt. Laurel, submitted a brief on behalf of amicus curiae New Jersey Foreclosure Attorneys (Zucker, Goldberg & Ackerman, Power Kirn, Fein, Such, Kahn, Shepard, and Phelan Hallinan & Schmieg, attorneys).
Michael M. Horn submitted a brief on behalf of amicus curiae New Jersey Bankers Association (McCarter & English, attorneys; Mr. Horn, William P. Higgins, Jr., and Steven A. Beckelman, Newark, of counsel and on the brief).
Supreme Court of New Jersey.
Justice PATTERSON delivered the opinion of the Court.
In the setting of an unprecedented residential lending crisis in our state, the Court considers the Legislature's foreclosure statutes and federal truth-in-lending law. Seeking relief from a default judgment entered in a foreclosure case, defendants Maryse and Emilio Guillaume attempt to demonstrate excusable neglect and the existence of a meritorious defense, Rule 4:50-1(a), that the trial court's judgment...
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