MTG. BANKERS v. N.J. REAL ESTATE


283 N.J. Super. 233 (1995)

661 A.2d 832

MORTGAGE BANKERS ASSOCIATION OF NEW JERSEY, A NOT-FOR-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, PETITIONER-APPELLANT/CROSS-RESPONDENT, v. NEW JERSEY REAL ESTATE COMMISSION AND NEW JERSEY DEPARTMENT OF BANKING, RESPONDENTS-RESPONDENTS/CROSS-RESPONDENTS, AND WEICHERT CO. REALTORS AND MORTGAGE ACCESS CORP., COLDWELL BANKER SCHLOTT AND SEARS MORTGAGE CORP., FOX & LAZO, INC., AND SHELTER MORTGAGE SERVICES, INC., INTERVENORS/CROSS-APPELLANTS, AND NEW JERSEY ASSOCIATION OF REALTORS, AMICUS CURIAE/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1995.


Attorney(s) appearing for the Case

Clark E. Alpert argued the cause for appellant/cross-respondent Mortgage Bankers Association of New Jersey (Alpert & Raice, attorneys; Mr. Alpert of counsel and on the briefs; David N. Butler, on the briefs).

Sarah T. Darrow, Deputy Attorney General, argued the cause for respondent/cross-respondent New Jersey Real Estate Commission (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Darrow, on the brief).

Wayne A. Watkinson, Deputy Attorney General, argued the cause for respondent Department of Banking (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Watkinson, on the brief).

William J. Wolf argued the cause for respondents/cross appellants Weichert Co. Realtors and Mortgage Access Corp. (formerly Weichert Mortgage Company) (Bathgate, Wegener, Dugan & Wolf, attorneys; Mr. Wolf, on the briefs).

Marguerite M. Schaffer argued the cause for respondents/cross-appellants Coldwell Banker Schlott and Sears Mortgage Corporation (Shain, Schaffer & Rafanello, attorneys; Ms. Schaffer, of counsel and on the brief; Todd R. Staretz, on the brief).

Robert G. Holston argued the cause for intervenors/cross-appellants Fox & Lazo, Inc. and Shelter Mortgage Services, Inc. (Holston, MacDonald and Morgan, attorneys; Mr. Holston, of counsel and on the briefs; Paul D. Aaronson, on the briefs).

Barry S. Goodman argued the cause for amicus curiae/cross-appellant The New Jersey Association of Realtors (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Mr. Goodman, of counsel and on the briefs; Christine F. Marks, on the briefs).

Before Judges BRODY, LONG and P.G. LEVY.


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

This matter is before us again following a remand by the Supreme Court. Mortgage Bankers Ass'n v. New Jersey Real Estate Comm'n, 102 N.J. 176, 506 A.2d 733 (1986). In our earlier opinion, reported at 200 N.J.Super. 584, 491 A.2d 1317 (App.Div. 1985), the panel...

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