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CLIENTS' SEC. FUND v. SECURITY TITLE

257 N.J. Super. 18 (1992)

607 A.2d 1319

CLIENTS' SECURITY FUND OF THE BAR OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SECURITY TITLE AND GUARANTY COMPANY AND SOUTHERN MORTGAGE ASSOCIATES, INC., DEFENDANTS-RESPONDENTS, AND ALLIANCE TITLE AGENCY, CENTER SAVINGS & LOAN ASSOCIATION, AND JOSEPH WITKOWSKI, DEFENDANTS. SECURITY TITLE AND GUARANTY COMPANY, PLAINTIFF-RESPONDENT, v. DOUGLAS C. HART, DEFENDANT-RESPONDENT. CLIENTS' SECURITY FUND OF THE BAR OF NEW JERSEY, PLAINTIFF, v. SECURITY TITLE AND GUARANTY COMPANY, DEFENDANT-APPELLANT, AND SOUTHERN MORTGAGE ASSOCIATES, INC., DEFENDANT-RESPONDENT, AND ALLIANCE TITLE AGENCY, CENTER SAVINGS & LOAN ASSOCIATION, AND JOSEPH WITKOWSKI, DEFENDANTS. SECURITY TITLE AND GUARANTY COMPANY, PLAINTIFF-APPELLANT, v. DOUGLAS C. HART, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1992.

Attorney(s) appearing for the Case

Daniel R. Hendi, Deputy Counsel, argued the cause for appellant Clients' Security Fund of the Bar of New Jersey in A-4570-90T1 (Clients' Security Fund of the Bar of New Jersey now known as New Jersey Lawyers' Fund for Client Protection, attorneys; Daniel R. Hendi, on the brief and reply brief).

Louis J. Casagrande argued the cause for respondent Douglas C. Hart in A-4570-90T1 and A-5002-90T1 (Louis J. Casagrande, joined in the brief of Clients' Security Fund of the Bar of New Jersey).

George J. Lasky argued the cause for respondent Security Title and Guaranty Company in A-4570-90T1 and for appellant Security Title and Guaranty Company in A-5002-90T1 (Lasky and Cohen, attorneys; George J. Lasky, on the briefs and reply brief).

Jack A. Serpico argued the cause for respondent Southern Mortgage Associates, Inc. in A-4570-90T1 and in A-5002-90T1 (Jack A. Serpico, on the letter brief).

Before Judges SHEBELL, SKILLMAN and D'ANNUNZIO.

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

The underlying actions before us in these consolidated appeals give rise to issues arising from an attempt by a condominium owner to refinance the mortgage on his unit. Simply stated, his attorney stole the money which the refinancing mortgage company had directed the attorney to use to pay off the original mortgage thereby leaving the owner with two outstanding mortgage obligations and causing the refinancing...

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