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US Bank National Ass'n v. Guillaume

US Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449 (2012)

Court
Supreme Court of New Jersey
Decided
2012-02-27
Docket
Not listed in the sources consulted

What happened

The Guillaumes' notice of intention to foreclose listed the loan servicer instead of the lender. They sought to undo a default judgment.

What the court decided

The New Jersey Supreme Court held the notice must name the actual lender, so the notice was defective — but the trial court may choose the remedy, such as ordering a corrected notice, instead of dismissal. Their other arguments, including TILA rescission, failed.

In the court's words

“requires that foreclosure plaintiffs list on the notice of intention the name and address of the actual lender”

Why it may matter to you

Notice defects are real — but courts often fix them with a new notice (and new time for you) rather than ending the case. Plan for that.

Why it might not apply

New Jersey's Fair Foreclosure Act; a corrected notice restarts the process rather than ending it.

Most useful when

  • Your pre-foreclosure notice named only the servicer, not the lender

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationUS Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449 (2012)Short formGuillaume, 209 N.J. 449

Draft — check it with free legal aid before you file or say it in court.

In US Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449 (2012), the court held that a pre-foreclosure notice of intention must name the actual lender, though the court may cure the defect with a corrected notice rather than dismissal. Here, [say in one sentence what happened in your case]

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