Recently, the Chancery Court in Bergen County considered the request for a jury trial in a foreclosure action. Defendant asserted counterclaims alleging violations of the consumer fraud act, the breach of the convent of good faith and fair dealing and violations of the Licensed Lender Act.
Foreclosure actions are equitable in nature, and it is unclear why a jury should be appointed in such a matter. Judge Doyne agreed, and refused to order a jury trial on the matter.
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