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MATTER OF SALE OF LANDS OF CASTNER

283 N.J. Super. 187 (1995)

661 A.2d 344

IN THE MATTER OF THE SALE OF LANDS OF ROSE M. CASTNER, AN ADJUDICATED INCOMPETENT.

Superior Court of New Jersey, Law Division Passaic County.

Decided April 3, 1995.

Attorney(s) appearing for the Case

Mary Tom for plaintiffs Sandra Vander Ploeg and Lawrence P. Castner, Jr. (Michael J. Sweeney, attorney).

Dennis M. Gonski for third-party defendant First American Title Insurance Company (Dennis M. Gonski, attorney).

Laura J. Hyman for defendant Great Falls Bank (Hyman, Boruch and Hyman, attorneys).

MARTIN, J.S.C.

Rose Castner was declared incompetent on January 13, 1989, and Rose's husband Lawrence Castner was appointed her guardian. Together, Rose and Lawrence owned a home in Hawthorne, New Jersey, as tenants in the entirety. On May 25, 1989, Lawrence obtained a $200,000 loan from Great Falls Bank (the Bank) which was used to buy commercial property located in Paterson and titled solely in his name. As security for the loan, the Bank was given a mortgage by...

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