Malone v. Midlantic Bank, N.A.

L. ANTHONY GIBSON, J.S.C.

I. NATURE OF ACTION

This is a tax sale foreclosure in which the occupants of the premises, who were not named as defendants, seek to reopen the Judgment in plaintiffs’ favor and to redeem. Alternatively, they seek a declaration that they are bona jide tenants and have a continuing right to possession in accordance with the Anti-Eviction Act. Plaintiff objects and seeks an Order for possession.

II. PROCEDURAL HISTORY

This action was initiated on July 29, 1998 at which time plaintiff filed a Foreclosure Complaint and a lis pendens. Although service of process was made on…