US Bank National Association V. Maryse and Emilio Guillaume

The New Jersey Supreme Court will hear oral argument in the US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS- CERTIFICATES, SERIES 2006-3 v. MARYSE and EMILIO GUILLAUME on Wednesday November 30, 2011 at 1:15 p.m. The argument will be webcast on the New Jersey Judiciary website. Legal Services of New Jersey represents the homeowners in this matter. The Supreme Court granted certification on five questions presented on September 27, 2011 and accelerated the appeal. Five parties have filed amicus briefs with the court. The questions that the Supreme Court will consider are whether the lender’s failure to comply with the Fair Foreclosure Act renders any subsequent foreclosure judgment void; what is the proper standard of review on a motion to vacate a default judgment; whether confusion arising in large part from plaintiff’s own dual-track foreclosure and loan modification practices taken together with violations of the Fair Foreclosure Act and the Truth in Lending Act forms a basis for relief from a default judgment; and whether a default judgment must be vacated if the lender did not support the application for judgment with competent evidence.

COURT DOCUMENTS

• Appellant's Brief
• Appellants' Reply Brief and Appendix, Certification of Service
• Appellate Decision
• Appendix Vol. I
• Appendix Vol. II
• Fannie Mae Brief
• Guillaume Petition for Certification
• Guillaume Reply Brief
• Guillaume Response to Adverse Amicus
• Guillaume Supplemental Brief
• NJ Bankers Assoc Motion for Leave to Participate as Micus Curiae
• NJ Lender Counsel Amicus Brief
• NJ Mort Bankers Amicus Brief
• Respondent's Brief and Appendix
• Seton Hall Revised Amicus Brief
• US Bank Brief in Opp to Petition for Certification
• US Bank Letter to Courtt partially withdrawing Opposition to Petition for Certification
• US Bank Supplemental
• US Bank's Response to Amici Filings