FIDELITY UNION BANK v. TRIM


204 N.J. Super. 434 (1985)

499 A.2d 245

FIDELITY UNION BANK, PLAINTIFF, v. GEORGE A. TRIM, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division Monmouth County.

Decided August 28, 1985.


Attorney(s) appearing for the Case

Sanford Silverman for defendants Factors and Note Buyers, Inc.

James M. McGovern, Jr. for Leon Smock (Abramoff, Fox, Zaro & McGovern, attorneys).

John A. Haulenbeek for plaintiff Fidelity Union Bank (Klatsky & Klatsky, attorneys).

Mark F. Saker for Sheriff of Monmouth County (Richard T. O'Connor, attorney).


McGANN, J.S.C.

If a sheriff wishes to impose a condition that only cash or a certified check will be accepted to satisfy the deposit required of the successful bidder at an execution sale, must he place that requirement in the published notice of sale? The holding, here, is that he must.

The undisputed facts are as follows. Fidelity Union Bank duly foreclosed on a first mortgage loan it held on property of the first-named defendant located in the City of Long...

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