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MELLON BANK, N.A. v. VIENOR LTD.

245 N.J. Super. 413 (1990)

585 A.2d 985

MELLON BANK, N.A., PLAINTIFF, v. VIENOR LTD. CORPORATION, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided November 20, 1990.

Attorney(s) appearing for the Case

William M.E. Powers, Jr. for plaintiff (William M.E. Powers, Jr., Chartered)

William J. DeMarco for defendants, Vienor Ltd., Edsel E. Engalla, and Violeta B. Engalla

Douglas S. Witte for Third Party defendants, MLM Associates and Executive House Realty (Carpenter, Bennett & Morrissey, attorneys)

GIBSON, J.S.C.

This is a mortgage foreclosure. Plaintiff is the assignee of the original lender and has moved for summary judgment. Defendant/mortgagor opposes the motion based on alleged fraud and misrepresentation regarding the original loan. Since plaintiff claims to be a holder in due course, the primary issue is whether plaintiff's status as an assignee insulates it from the wrongdoing of its predecessor/mortgagee...

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