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Sunday, October 24, 2021

GREEN KNIGHT CAPITAL, LLC VS. GABRIEL CALDERON, ET AL. (F-005626-20, HUDSON COUNTY AND STATEWIDE) (A-1265-20)

GREEN KNIGHT CAPITAL, LLC VS. GABRIEL CALDERON, ET AL. (F-005626-20, HUDSON COUNTY AND STATEWIDE) (A-1265-20)

In this action to foreclose a tax sale certificate, plaintiff appeals from three Chancery Division orders. The first denied plaintiff's motion to bar redemption and impose a constructive trust. The second granted the respondent investor's motion to intervene and permit redemption. The third denied plaintiff's motion to set the time, place, and amount of redemption as moot.

The court held that when an investor has an interest in the property in foreclosure, is prepared to redeem the tax sale certificate, and files a motion to intervene in the foreclosure action before the entry of an order setting the last date for redemption, the investor is permitted to intervene and redeem the tax certificate. Accordingly, the court affirmed the three orders entered by the trial court.