Lenders Have No Say In Eminent Domain Cases, NJ Court Says

Law360, New York (February 6, 2013, 4:22 PM EST) -- A New Jersey appellate court ruled Tuesday that state eminent domain law doesn't require a condemnor to negotiate with a mortgage holder that faces a final foreclosure judgment on a targeted property, saying such a rule would complicate eminent domain litigation. 

A mortgage holder for a Merchantville property argued a lower court erred in ruling the Camden County borough appropriately negotiated with the property owner, but the appellate court said the mortgage holder wasn't the title owner when Merchantville made the offer, and also said the...
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