December 21, 2006 - Law Office of Frank J. Martone, P.C. wins case in New Jersey Appellate Court.

Our firm recently prevailed in Rolon v Litton Loan et. al., before the Appellate Division, Superior Court of New Jersey. In the Chancery Court, we successfully obtained Summary Judgment of dismissal against the borrower. The appellate court affirmed in a per curiam opinion, agreeing with our argument that there were no triable issues of fact precluding Summary Judgment in favor of our client, the mortgage servicer.

The mortgagor had argued that he was entitled to a full trial to determine the mortgage payoff amount. We proved to the Court that our client’s accounting entries were reasonable and accurate and that the mortgage company was entitled to judgment as a matter of law.  

The borrower also argued that our client had breached a forebearance agreement. However, we proved that the borrower had defaulted on the “work out” agreement and that our client had appropriately not entered into a mortgage modification.

Our client stood to lose thousands of dollars if the borrower’s claims were accepted. By obtaining Summary Judgment we prevented money damages, in addition to the inconvenience and expense of a trial.

If you are interested in discussing the opinion, or our approach to litigating mortgage servicing matters, please telephone Frank J. Martone, Esq. or Janet Silver Rosen, Esq. @ (973) 473 - 3000.