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CITY FEDERAL S. & L. ASS'N v. JACOBS

188 N.J. Super. 482 (1983)

457 A.2d 1211

CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, A FEDERALLY CHARTERED SAVINGS AND LOAN ASSOCIATION, PLAINTIFF-APPELLANT, v. BENJAMIN JACOBS AND CLARA JACOBS, HIS WIFE, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Thomas W. Sweet argued the cause for appellant (Ravin, Davis & Sweet, attorneys).

Ben J. Slavitt argued the cause for respondents (Slavitt, Fish & Cowen, attorneys; Martin H. Cowen, on the brief).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.

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

The issue raised by this appeal is whether a mortgagee which obtains a judgment of foreclosure can be compelled to take possession of the property and maintain same before the Sheriff's sale. The Chancery Division judge ordered plaintiff to take possession as of January 19, 1983. We previously stayed that order. We now reverse the order of possession.

A brief review of the procedural background...

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