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...remedies against the secured party for failure to comply with Article 9 of the UCC. N.J.S.A. 12A:9-625. In addition to a court restraining collection, enforcement...appropriate terms and conditions, N.J.S.A. 12A:9-625(a), an aggrieved party may recover damages against a secured party for "any loss caused by a failure to comply with [Article ... Article 9 of the UCC, providing that upon default, the creditor would have "all the remedies of a secured party under the [UCC]" and that any...
...presentment warranty of N.J.S.A. 12A:4-208, for which the UCC provides an adequate remedy. Given the statute's comprehensiveness, "[c]ourts should be hesitant to improvise new remedies outside...Capital). We affirm.
The essential facts are not in dispute. Defendant Charles Perez secured a car loan from plaintiff First Atlantic Federal Credit Union (First Atlantic) and granted...] 1:4-8 and N.J.S.A. 2A:15-59.1." Lira Capital cross-moved for dismissal of BOA's third-party complaint. Following a hearing, the court dismissed BOA's third-party complaint with prejudice...
...household guests, who are viewed as third-party beneficiaries, and a seller may not exclude or limit the extension of those warranties to such persons. N.J.S.A. 12A:2-318...principles of negligence and strict liability. The difference is important because the buyer in the present case instituted its action beyond the four-year period provided by the U.C.C., N.J.S.A. 12A:2-725.... N.J.S.A. 12A:2-725. In an unreported decision, the court granted summary judgment for defendants. The Appellate Division reversed on the ground that the action was more appropriately characterized as...
...Transactions, N.J.S.A. 12A:9-302(2), claimant's assignment entitled it to whatever rights the bank had at the time. It is not in dispute that the bank had an enforceable security interest in the...collateral described in the agreement (N.J.S.A. 12A:9-204 (1)). The collateral included accounts (N.J.S.A. 12A:9-105), defined in N.J.S.A. 12A:9-106 as "any right to pay...N.J.S.A. 12A:9-204(3)). It is uncontroverted that the bank had taken all necessary steps for perfecting its security interest (N.J.S.A. 12A:9-303(1)), including the filing of a financing statement...
...one or more of the eleven subsections set forth in N.J.S.A. 2A:50–56(c). Courts of equity have long been charged with the responsibility to fashion equitable remedies that address the unique..., 9 A.3d 607 (App.Div.2010) (“In fashioning relief, the Chancery judge has broad discretionary power to adapt equitable remedies to the particular circumstances of a gi...equitable remedies for violations of the notice of intention requirements set forth in N.J.S.A. 2A:50–56(c). Some courts have favored dismissal of the foreclosure action without prejudice as a...
...disposition thereof by the debtor unless his action was authorized by the secured party in the security agreement or otherwise, * * *. [N.J.S.A. 12A:9-306 (2)].
It is not disputed that..., family or household purposes * * * unless prior to the purchase the secured party has filed a financing statement covering such goods. [N.J.S.A. 12A:9-307...the secured party on the certificate of ownership in accordance with N.J.S.A. 39:10-9; and (2) the presentation to the director of the certificate so noted "in accordance with section 39:10-11...
...property, especially rapidly depreciating property, is the right of the secured party to take possession of the collateral upon default and sell it in a commercially reasonable manner. N.J.S.A. 12A:9-503..., if any, is preserved by the legal obligation of the secured party to account for any surplus after sale, N.J.S.A. 12A:9-504(1)(c), not by a right of action against the State for conversion...must be attended by the obligation to pay the attorney fees, as the fee is an integral part of the secured lien. See N.J.S.A. 12A:9-504(1) (a), which sanctions the contemplation of reasonable attorney...
...of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action. N.J.S.A. 12A:9-503...Commercial Code (N.J.S.A. 12A:9-504) providing "* * * reasonable notification of the time and place of any public sale * * * shall be sent by the secured party to the debtor...present matter.
I
N.J.S.A. 12A:9-503 states:
Unless otherwise agreed a secured party has on...
...secured party. N.J.S.A. 12A:9-202.
We note further that these rights against the debtor are available to any secured...judgment in no way adversely affects its rights to obtain possession of the collateral, since its judicial remedies and those under the Uniform Commercial Code are cumulative. N.J.S.A. 12A:9-501(1...default cannot result in the forfeiture of the collateral worth $21,500 for a deficiency, even as claimed by plaintiff, of $3,425. Plaintiff is relegated to its rights under N.J.S.A. 12A:9-501 et...
...any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...Court. N.J.S.A. 10:5-13, 10:5-27; see Sprague v. Glassboro State College, 161 N.J. Super. 218, 225 (App.Div. 1978). These several remedies are not antithetical but complementary. While....
This appeal concerns the applicability of the notice provisions of the Tort Claims Act (the Act), N.J.S.A. 59:8-8, 9, to discrimination claims brought pursuant to the Civil Rights Act, 42...
...U.C.C. provides a buyer with alternative remedies in the event of a seller's breach. See N.J.S.A. 12A:2-711. As a general rule, "the U.C.C.'s remedies are to be `liberally administered to the end that.... Comment (1) to N.J.S.A. 12A:2-609, and the language of N.J.S.A. 12A:2-609(1) (when grounds for insecurity arise, either party "may in writing demand adequate assurance of due performance"), appear to...damages for nondelivery pursuant to N.J.S.A. 12A:2-713(1), the injured party must prove "the difference between the market price at the time when the buyer learned of the breach and the contract...
...limitation or exclusion is unconscionable. N.J.S.A. 12A:2-719(3).
* * *
In general, the remedies available to a buyer are set...purposes as contrasted to equipment, farm products and inventory. N.J.S.A. 12A:9-109(1). The Magnuson-Moss Warranty — Federal Trade Commission Improvement Act...price advantage exists when it does not, 3(b)(8); (7) that the seller is authorized when in fact he is not, 3(b)(9), and (8) that rights, remedies or obligations exist as a warranty or disclosure of...
...the secured party and was signed by Palmer as the debtor. See N.J.S.A. 12A:9-105(1)(m); N.J.S.A. 12A:9-402(1).
Sometime thereafter, Palmer returned the boat t...ordinary course of business from a dealer against the claim of a secured party who has financed the dealer's floor inventory. See N.J.S.A. 12A:9-307(1), New Jersey Study Comment ¶ 2, which states that...pertinent provisions of Title 12A, N.J.S.A. 12A:9-306(2) and N.J.S.A. 12A:9-307(1), we are compelled to reverse, giving priority to the first secured creditor, notwithstan...
...remedies described in N.J.S.A. 56:8–19 are not mutually exclusive; injunctive relief can be combined with an award of treble damages in an appropriate case. See...-established remedies available in a typical breach-of-contract case.” Id. at 11, 860 A.2d 435. The Court noted that an “innocent party has a right to damages ‘based on his.... That mortgage, according to trial testimony, was recorded on March 27, 2007. Both plaintiffs secured substantial amounts of cash as a result of that transaction. In the first few months of the term of...
...specified activities. Specifically, N.J.S.A. 12A:9-207(1) provides that "[a] secured party must use reasonable care in the custody and preservation of collateral in his possession"; N.J.S.A. ...commercially reasonable manner"; and N.J.S.A. 12A:9-504(3) provides that the sale or other disposition of collateral held by a secured party must be "commercially reasonable." However, Glenfed's refusal to...disposition of secured property, it was not subject to the requirement imposed by N.J.S.A. 12A:9-504(3) that a creditor act in a...
...restoration. The District Court in each case viewed the habeas corpus claim merely as an adjunct to the civil rights action, thus obviating the need for exhaustion of state remedies, and on the...' enactment of the specific federal habeas corpus statute, with its requirement that a state prisoner exhaust state remedies, was intended to provide the exclusive means of relief in this type of...remedies, as he would have had to do if he had simply filed a petition for habeas corpus. On the merits, the District Court agreed with Rodriguez that the questioning of him by prison officials related...
MOTIONS (Beta)
..., incur an obligation, or otherwise give value." N.J.S.A. 12A:9-513(b)(1).
While we recognize that it would be feasible for a secured party to deliver the certificate of ownership...Official Comment to UCC § 9-625, which states: "A secured party is not liable for statutory damages under this subsection more than once with respect to any one secured obligation." (Id. at 20...(citing U.C.C. § 9-625 cmt. 4); see also N.J.S.A. 12A:9-625 cmt. 4. However, this Comment merely states that a party cannot be subject to double liability under the UCC; it does no...
...unequivocally that
Each provision of this Chapter with regard to rights, obligations and remedies applies whether title to collateral is in the secured party or in the..., N.J.S.A. 12A:9-101 et seq.
Article 9 lays out the framework upon which competing security interests can be evaluated and priorities established. In this regard, N.J.S.A. ..., Shallcross argues that he retained title to the shear and that that fact rendered the "first in time" provision of Article 9 inapplicable. However, N.J.S.A. 12A:9-202 provides clearly and...
...legislature's definitive modification of § 9-313(8) by adding the following language:
A secured party may also demand separate appraisal of the fixtures to fix his...transactions provisions of the Uniform Commercial Code (N.J.S.A. 12A:9-101 et seq.), we find no present occasion to deal with any of them in view of the position now taken by the parties...installed and financed satisfies the definition of a fixture under N.J.S.A. 12A:9-313(1)(a). It is also undisputed that Sears obtained a purchase money security interest in the fixture to secure full...
...remedies under §§ 2-314 and 315 of the Uniform Commercial Code, N.J.S.A. 12A:2-314, 315, and not to the very different remedy of revocation of acceptance under U.C.C. § 2-608, N.J.S.A. § 12A:2-608. This...commentator has noted, § 2-102 serves to make this joint coverage complementary:
Article 9 of the Code specifically deals with secured transactions, which, when...N.J.S.A. 12A:2-101 to 2-725.
The case was tried to a jury and at the close of the defendant's case, the plaintiff moved for a directed verdict asserting that its lease...