GIRARD ACCEPTANCE CORPORATION v. WALLACE


76 N.J. 434 (1978)

388 A.2d 582

GIRARD ACCEPTANCE CORPORATION, PLAINTIFF-RESPONDENT, v. EDWARD W. WALLACE AND LAURETTA WALLACE, HIS WIFE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 31, 1978.


Attorney(s) appearing for the Case

Mr. Russell Piccoli argued the cause for appellants (Ms. Jane B. Cordo, Executive Director, Ocean-Monmouth Legal Services, Inc., attorney).

Mr. George J. Weinroth argued the cause for respondent (Messrs. Greenberg, Schmerelson, Greenberg and Weinroth, attorneys).

Mrs. Erminie L. Conley, Deputy Attorney General, argued the cause for amicus curiae Department of Banking (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Steven P. McCabe submitted a brief on behalf of amicus curiae Legal Services of New Jersey, Inc.


The opinion of the court was delivered by SCHREIBER, J.

Defendants Edward W. Wallace and Lauretta Wallace, husband and wife, in defense of plaintiff Girard Acceptance Corporation's foreclosure action on two mortgages on two separate tracts of land, contended that the mortgages were unenforceable and the underlying obligation was void because of violations of the Secondary Mortgage Loan Act, N.J.S.A. 17:11A-34 et...

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