WESTERVELT v. GATEWAY FINANCIAL SERVICE


190 N.J. Super. 615 (1983)

464 A.2d 1203

WILLIAM WESTERVELT AND JANET WESTERVELT, HUSBAND AND WIFE, PLAINTIFFS, v. GATEWAY FINANCIAL SERVICE, SECURITY PACIFIC FINANCE CORP. AND THE CENTRAL NATIONAL LIFE INSURANCE COMPANY OF OMAHA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Middlesex County.

Decided June 27, 1983.


Attorney(s) appearing for the Case

Louis Cohen for plaintiffs (Brigiani, Gelzer, Cohen & Schneider, attorneys).

Dennis M. Reznick for defendant Security Pacific Finance Corp. (Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).

Richard T. Philips for defendant The Central National Life Insurance Company of Omaha (DeCotiis & Philips, attorneys).


COHEN, J.S.C.

This case presents questions concerning the rights of an innocent purchaser for value of a note and mortgage governed by the provisions of the Secondary Mortgage Loan Act, N.J.S.A. 17:11A-34 et seq. For all of the reasons below, I hold that a note and mortgage that were not executed in full compliance with the Act are void and unenforceable in the hands of a purchaser for value, however innocent it may be and however well it may qualify...

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