From the Editor – Lien Issues • NACTT Academy

From the Editor – Lien Issues

By The Honorable William Houston Brown (Retired)

Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid, but the interest rate would be the legal, rather than contract, rate. In re Goione, 595 B.R. 477 (Bankr. D. N.J. 2019).

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