RESIDENTIAL MORTGAGE LOAN TRUST 2013-TT2, BY U.S. BANK NATIONAL ASSOCIATION VS. MORGAN STANLEY MORTGAGE CAPITAL, INC., ET AL. (C-000108-15, UNION COUNTY AND STATEWIDE) - Published

Where the chain of title was unclear, N.J.S.A. 46:18-13(b)(2) authorized plaintiff, the claimed "established holder" of the mortgage, to file a General Equity lawsuit to establish its status as the mortgage holder, and hence, its standing to foreclose the mortgage. The Appellate Division rejected defendant-mortgagors' argument that plaintiff could only seek that relief in the context of a foreclosure action. Plaintiff filed a separate civil action joining as defendants the mortgagors and all known entities that may have had an interest in the note and mortgage. The trial court granted plaintiff relief, but also required plaintiff to indemnify defendants against any future claims by other entities seeking to enforce the mortgage or the note.