It's the rare occasion that a prior recorded mortgage is held to be inferior to a subsequently recorded mortgage. But that was the ruling by the New Jersey Appellate Division in a decision published on June 17, 2015. Rosenthal & Rosenthal vs. Riker, Danzig, Sherer, Hyland & Peretti, L.L.P., (Docket No. A-2890-13T3 (App. Div. 2015). This...
In an unpublished opinion issued on June 25, 2014, the New Jersey Appellate Division cited principles of equity in rejecting a homeowner's request to vacate a sheriff’s sale based on his allegation of not receiving notice of the sale date in strict compliance with New Jersey Court Rule 4:65-2. The Court affirmed the Chancery Judge's ruling ...
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