08-08-11 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWALT 2004 26T1 VS. SARAH G. LAKS, ET AL A-4221-09T3
N.J.S.A. 2A:50-56(c)(11), a provision of the Fair Foreclosure Act, requires that a notice of intention to foreclose state "the name and address of the lender and the telephone number of a representative of the lender whom thedebtor may contact if the debtor disagrees with the lender's assertion that a default has occurred or the correctness of the mortgage lender's calculation of the amount required to cure default." We held that a notice of intention that does not state the name and address of the "lender" as that term is defined in the Fair Foreclosure Act, and instead only states that of the lender's mortgage servicer, is deficient. We further held that the remedy for a deficient notice of intentiondeficiency had been raised in the trial court is
where the dismissal of the foreclosure complaint without prejudice.
