MORTGAGELINQ v. COMMONWEALTH LAND TITLE


262 N.J. Super. 178 (1992)

620 A.2d 456

MORTGAGELINQ CORPORATION AND FEDERAL HOME LOAN MORTGAGE CORPORATION, PLAINTIFFS, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, EDWARD B. CAVALLARO, SR., CONTINENTAL TITLE INSURANCE COMPANY, ELIZABETH A. KEHOE, LAWYER'S TITLE INSURANCE CORPORATION, MARKLAND TITLE SERVICES, INC., AND ROBERTA A. RANKIN, DEFENDANTS.

Superior Court of New Jersey, Law Division Camden County.

Decided June 11, 1992.


Attorney(s) appearing for the Case

J. Philip Kirchner for plaintiff Mortgagelinq Corporation (Flaster, Greenberg, Mann & Wallenstein, attorneys; Mr. Kirchner of counsel and on the brief).

Richard O'Halloran for plaintiff Federal Home Loan Mortgage Association (Baldwin, Renner, Bragg & Adler, P.C., attorneys; Mr. O'Halloran of counsel and on the brief).

Marc Rasponti, Pro Hac Vice, for defendant Elizabeth A. Kehoe (Miller, Alfano & Rasponti, attorneys; Ann Krasnowiecki on the brief).

Maureen Binetti for defendant Lawyer's Title Insurance Company (Wilentz, Goldman & Spitzer, attorneys; Ms. Binetti of counsel; Robert Mahoney and Edward D. Benattar on the brief.)

Steven Janove for defendant Continental Title Insurance Company (Duane, Morris & Heckscher, attorneys; Mr. Janove of counsel and on the brief).


WEINBERG, J.S.C.

I.

The facts, and all inferences drawn therefrom, viewed in the light most favorable to plaintiffs, are as follows. Plaintiffs claim that they are the victims of a fraudulent scheme involving twenty-four properties and numerous parties. In each case, the parcel of land was conveyed twice. In the first transaction, an entity controlled by one of the perpetrators purchased the property for at or near market value. The buyer then resold the...

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