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LOBSENZ v. MICUCCI HOLDINGS, INC.

127 N.J. Super. 50 (1974)

316 A.2d 59

THEODORE A. LOBSENZ, PLAINTIFF-RESPONDENT, v. MICUCCI HOLDINGS, INC., A NEW JERSEY CORPORATION, DEFENDANT, SIC & DUE, INC., A NEW JERSEY CORPORATION, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1974.

Attorney(s) appearing for the Case

Messrs. Kimmel & Cavaliere, attorneys for the appellant.

Mr. Theodore A. Lobsenz, respondent, pro se.

Before Judges LEONARD, ALLCORN and CRAHAY.

The opinion of the court was delivered by ALLCORN, J.A.D.

Since the decision in Hardyston Nat. Bank v. Tartamella, 56 N.J. 508 (1970), it has been settled in this State that an owner-mortgagor has a right to redeem the mortgaged property following foreclosure and sale thereunder, by the payment in full of the mortgage indebtedness, costs of foreclosure and costs of sale. Under Hardyston the right must be exercised "within...

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