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FOGEL v. S.S.R. REALTY ASSOCIATES

183 N.J. Super. 303 (1981)

443 A.2d 1093

PERRY FOGEL, PLAINTIFF, v. S.S.R. REALTY ASSOCIATES, A PARTNERSHIP AND BOARDWALK REGENCY CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided December 1, 1981.

Attorney(s) appearing for the Case

Stephen Hankin for plaintiff (Hankin, D'Amato & Sandson, attorneys).

Ralph Platine for defendant S.S.R. Realty Associates (Platine & Feldman, attorneys).

John L. Bonello for defendant Boardwalk Regency Corporation (Anschelewitz, Barr, Ansell & Bonello, attorneys).

GIBSON, J.S.C.

This is a mortgage foreclosure action. Plaintiff-lender claims that a sale of the premises by the mortgagor to a third party without his consent created a breach of the mortgage agreement and justified an acceleration of the full principal balance. Mortgagor claims that the mortgagee unreasonably withheld his consent to the transfer and therefore has no right to foreclose. Cross-motions for summary judgment have been filed. R. 4:46-2. Required...

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