The Appellate Division of the New Jersey Superior Court vacated and remanded an order by the trial court denying a request for adjournment of 45 days to allow by the plaintiff to allow for the substitution of counsel, as the request met the standard for adjournment that it was necessary for the expansion of factual assertions which were at the core of the complaint. Wells Fargo Bank, N.A. v. Donington, 2023 WL 140330 (unpublished) (N.J. App. Div. Jan. 10, 2023). In December 2001, Amy Donington purchased an affordable housing unit in Red Bank. She signed an Affordable Housing Agreement ("AHA") that was recorded with the deed, which stated: Any affordable housing owner-occupied property that is acquired by a . . . purchaser at a foreclosure sale conducted by the holder of the first purchase money mortgagee shall be permanently released from the restrictions and covenants of this [AHA]. All resale restrictions shall cease to be effective as of the date of transfer of title pursuant to foreclosure with regard to the first purchase money mortgagee .... 2023 WL 140330 at *1. Wells Fargo Bank, N.A. ("Wells Fargo") brought a foreclosure action in the Superior Court of Monmouth County against Donington in October 2014, and in September 2015, received a final judgment in its favor. Seymour Investments, LLC ("Seymour") purchased it at a sheriffs sale in June 2017.
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