Deutsche Bank National Trust Co. v. Oliver

OPINION OF THE COURT

Michael A. Ciaffa, J.

Decision Denying Ex Parte Order

In an era when tent cities and new Hoovervilles are rising from the ashes of a foreclosure crisis all across America (New York Times, Mar. 26, 2009, at 1), the petitioner, Deutsche Bank National Trust Co., asserts a direct legal challenge to the court’s equitable authority to consider a request for “more time” by a family facing a postforeclosure eviction. For the reasons stated hereinafter, the court rejects the challenge, and reiterates that the court retains the power and equitable discretion to consider claims of…