In a Decision – Foley v. Foley (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that because the Divorce Agreement required payments as to the Mortgage to be paid, it did not matter that the Bank’s Class Action Settlement resulted in the forgiveness of the Mortgage.
The Family Part judge denied appellant’s motion finding appellant’s lump sum payment was a “separate obligation” and that Husband failed to comply with the terms of the Divorce Agreement. A. Although the mortgage company’s settlement was unforeseen when the parties executed the agreement, the court affirmed holding Husband’s obligations to continue to pay under the Divorce Agreement terms was a separate and distinct obligation. Further, Husband failed to demonstrate an inequity or grave injustice by requiring he continue such obligation