RESOLUTION TRUST CORP. v. LANZARO


271 N.J. Super. 425 (1992)

638 A.2d 931

RESOLUTION TRUST CORPORATION AS RECEIVER FOR CITY SAVINGS, F.S.B., PLAINTIFF, v. WILLIAM LANZARO, SHERIFF OF MONMOUTH COUNTY, DEFENDANT.

Superior Court of New Jersey, Chancery Division Monmouth County.

Decided May 28, 1992.


Attorney(s) appearing for the Case

Harold J. Cassidy for plaintiff (Cassidy, Foss and San Filippo attorneys; Mary Ellen Edwards and Rick Brodsky, on the briefs).

Malcolm V. Carton, Monmouth County Counsel, for defendant; Frederick P. Niemann, on the brief.


McGANN, J.S.C.

In this action the Resolution Trust Corporation ("RTC") seeks a ruling that the sheriff is not entitled to collect the statutory fee allowed him for conducting an execution sale, together with an order compelling the sheriff to deliver to the RTC his deed resulting from that execution sale, despite the non-payment of his fee.

The background for this case is found in the matter of Resolution Trust Corporation, as Receiver for Cities Savings...

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