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· 7/25/2000

St. Clair v. Beneficial Mortgage Co. (In Re St. Clair)

Citations

  • 251 B.R. 660
  • 2000 U.S. Dist. LEXIS 11582
  • 2000 WL 1146141

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting general rule that mortgagor who holds possession after foreclosure and sale is tenant at sufferance
  • distinguishing Atlantic Business and holding that the automatic stay protects a possessory interest only when the “debtor-in-possession has a good-faith colorable claim to possession or control of the property”
  • “Under New Jersey 14 law ‘[a] foreclosure action is purely quasi-in-rem, affording relief only against the secured 15 property.’”
  • requiring a “good-faith, colorable claim to possession”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cooper

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.