FIRST FAMILY MORTG. CORP. OF FLORIDA v. DURHAM


205 N.J. Super. 251 (1985)

500 A.2d 746

FIRST FAMILY MORTGAGE CORPORATION OF FLORIDA, PLAINTIFF-APPELLANT, v. LINDA A. DURHAM, DEFENDANT-RESPONDENT AND MR. LINDA DURHAM, DEFENDANT, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1985.


Attorney(s) appearing for the Case

William M.E. Powers, III, argued the cause for appellant (William M.E. Powers, Jr., attorney; William M.E. Powers, III, on the brief).

Beverly K. Thompson argued the cause for respondent Linda A. Durham.

Harry Haushalter, Deputy Attorney General, argued the cause for intervenor-respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Mr. Haushalter, on the brief).

Before Judges FRITZ, BRODY and BAIME.


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

Plaintiff, a Florida corporation not authorized to do business in New Jersey, appeals from an order for summary judgment dismissing, without prejudice, its suit to foreclose a mortgage on respondent's New Jersey home. The dismissal is based on plaintiff's failure to file the "notice of business activities report" required by N.J.S.A. 14A:13-15(e) (hereafter refered to as "the statute") of "every foreign...

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