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FIDELITY UNION BANK v. TRIM

210 N.J. Super. 476 (1986)

510 A.2d 98

FIDELITY UNION BANK, PLAINTIFF-RESPONDENT, v. GEORGE TRIM, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Blankenhorn & Ragan, attorneys for appellant Leon Smock (W. Peter Ragan, on the letter brief).

Richard T. O'Connor, Monmouth County Counsel, attorney for respondent Sheriff of Monmouth County.

Sanford Silverman, attorney for respondent Factors & Note Buyers Inc.

Before Judges FRITZ, BRODY and BAIME.

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

This matter involves an execution sale of realty consequent upon a foreclosure judgment. Only one question is raised. May a sheriff at such sale impose a condition that only cash or a certified check will be accepted to satisfy the deposit requirement, without first publishing that condition in the notice of sale? The trial judge answered that question in the negative and set aside the sale. Fidelity Union...

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