Another Livinglies Win: Foreclosure Final Judgment Stopped with Expert Affidavit

Case Location: Sussex County, New Jersey
Court: Superior Court, Chancery Division
Case No.: F-009159-24
Filed by: Third Birch, LLC
Date of Foreclosure Filing: September 19, 2024

INTRODUCTION: WHEN THE COURT IS MISLED — THE HOMEOWNER STILL HAS A VOICE

This is the story of one of our most recent victories—not just a legal win, but a moral one. Our team was brought in to support a homeowner in New Jersey who was facing a fraudulent foreclosure, filed by an entity that had no right to foreclose.

Despite the court’s early mistakes, the case is now back under independent review after we helped the homeowner expose a mountain of false evidence that had been used to obtain judgment.

THE TRUTH BEHIND THE “CHAIN OF TITLE”

The plaintiff in this case, Third Birch, LLC, filed a foreclosure suit in Sussex County, New Jersey, without legal standing and with fabricated documents. They filed:

• A falsified assignment of mortgage
• A false sworn affidavit signed under penalty of perjury

This wasn’t a clerical error. These documents were used to falsely show that Third Birch had a valid legal right to foreclose—when in truth, they had no such right. The chain of title they presented was broken, relying on a bogus 2012 assignment from MERS to BONY (Bank of New York). This assignment included false claims about a 2006 note that was never lawfully transferred.

SUMMARY JUDGMENT ENTERED ON FRAUDULENT GROUNDS

On February 18, 2025, the court—relying on these false documents—entered summary judgment in favor of Third Birch. In plain terms, the court said, “There are no issues to fight about,” and ruled against the homeowner without a trial.

But that judgment was based on lies, and we knew it.

OUR ROLE: LITIGATION SUPPORT FOR A PRO SE HOMEOWNER

When the homeowner reached out, they were representing themselves (“pro se“) and needed guidance. That’s where we stepped in. We provided document preparation and consulting services, including:

• An Emergency Motion for Reconsideration, pointing out the fraud the judge had ignored
• An Expert Affidavit from attorney Richard Kalinoski, of Livinglies laying out the details of the forged assignments and invalid affidavit

This motion was filed on March 10, 2025, with evidence strong enough to make any reasonable judge stop and reconsider.

COURT IGNORES FRAUD — BUT IT’S NOT OVER

Shockingly, the trial judge denied the motion for reconsideration on April 11, 2025, ignoring the detailed expert analysis and evidence of fraud that had been submitted.

But here’s the good news.

THE SYSTEM REDIRECTS THE CASE FOR INDEPENDENT REVIEW

On June 17, 2025, the New Jersey Office of Foreclosure issued an Administrative Order. That order did something powerful: it sent the case to a vicinage judge—essentially a neutral judicial officer—for independent review.

This type of review is rare, and it’s serious. It means the court system itself acknowledged that the prior ruling deserves a second look, almost like a mini appeal.

THE HOMEOWNER STILL HAS THEIR HOME

To this day, the homeowner remains in physical possession of the home. No sheriff sale. No eviction. The fraudulent foreclosure has been frozen while the review is pending.

CONCLUSION: THIS FIGHT ISN’T OVER — AND THAT’S A WIN

This case is a clear example of what can happen when homeowners fight back—with the right support and the right facts. Even after a bad court ruling, we can still turn the tide by putting the truth on the record. Fraudulent foreclosures only succeed when nobody shines a light on the dirty paperwork.

At LivingLies, we don’t give up just because a judge signed a piece of paper. We dig deeper, challenge the lies, and expose the fraud—because every homeowner deserves a fair shot. Contact us today with help with your case. Your Home is your Castle We Help you Defend it

Tags: ChainOfTitle, ForeclosureDefense, FraudOnTheCourt, HomeownerVictory, IllegalForeclosure, Livinglies, MortgageFraud, NJForeclosure
Posted in expert witness, foreclosure defenses |