THE BANK OF NEW YORK MELLON V. MARIANNE CORRADETTI ET AL. (A-5334-16T1)
Following a trial in this residential foreclosure matter, the Chancery Division granted judgment in defendants' favor based on findings that the mortgage and related closing documents were forged, and plaintiff mortgagee failed to present evidence the court found credible and reliable otherwise supporting the legal and equitable claims asserted in the complaint. On appeal, the majority determined the Chancery Division's findings were supported by substantial credible evidence, and plaintiff otherwise failed to present evidence the court found credible supporting its claims. The majority deferred to the court's credibility determinations and findings of fact and affirmed but remanded for the court to allow plaintiff to seek reimbursement from defendants for monies paid on defendants' behalf for taxes and insurance.
The dissent concluded the Chancery Division's finding that the mortgage documents were forged was not supported by adequate, substantial, and credible evidence, and, for that reason, the judgment should be vacated and the case remanded for a new trial or dismissed without prejudice
