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FIRST FEDERAL S. & L. ASS'N v. FINK ET ALS.,

99 N.J. Super. 76 (1968)

238 A.2d 508

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLEARWATER, FLORIDA, PLAINTIFF, (AMERICAN TITLE INSURANCE COMPANY, A FLORIDA CORPORATION, SUBSTITUTED PLAINTIFF) v. GEORGE W. FINK, JEANETTE V. FINK, HIS WIFE, VITO DORIA, ROSE DORIA, HIS WIFE, VITO CAPABIANCO, JULIA CAPABIANCO, HIS WIFE, JOHN L. BORK, JOSEPHINE M. BORK, HIS WIFE, UNITED STATES OF AMERICA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 11, 1968.

Attorney(s) appearing for the Case

Mr. Frank W. Hoak for substituted plaintiff (Mr. Donald B. Jones, attorney).

Mr. Morton Joel Goldfein for defendants Vito Capabianco and Julia Capabianco (Mr. Donald I. Bierman, attorney).

LANE, J.S.C.

The amended complaint seeks to foreclose a mortgage on and for possession of premises at 87 Union Avenue, Belford, New Jersey. The matter is before the court on cross-motions for summary judgment by the substituted plaintiff American Title Insurance Company (American) for foreclosure and possession, and by defendants Vito and Julia Capabianco (Capabianco), to dismiss the foreclosure action and to have their rights "as affect the subject premises" declared...

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