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ALBIZU v. ACE ENTERPRISES CO.

163 N.J. Super. 42 (1978)

394 A.2d 149

VICTORIA ALBIZU, PLAINTIFF, v. ACE ENTERPRISES CO., A PARTNERSHIP, A/K/A ACE ENTERPRISES COMPANY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 20, 1978.

Attorney(s) appearing for the Case

Mr. Alan Rich, attorney for plaintiff.

Mr. Michael J. Ferrara, attorney for defendant Bergen Bank of Commerce.

Messrs. Dunn & Infinito, attorneys for defendants Whitmore (Mr. Vincent J. Infinito appearing).

POLOW, J.S.C.

The only unresolved issue remaining in this foreclosure suit concerns the validity of a third mortgage given to secure part of the purchase price in a real estate transaction. Defendants, Mr. and Mrs. Whitmore (hereinafter collectively referred to as Whitmore) purchased the residence from defendants Ace Enterprises and the Archettis (hereinafter all collectively referred to as Archetti). Shortly after...

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