INDEPENDENCE ONE MORTG. CORP. v. GILLESPIE


289 N.J. Super. 91 (1996)

672 A.2d 1279

INDEPENDENCE ONE MORTGAGE CORP., PLAINTIFF-RESPONDENT, v. CORA T. GILLESPIE, DEFENDANT-APPELLANT, AND CONSUMERS OIL SERVICE, R.H. MACY & CO., INC., FIDELITY BANK & TRUST CO., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1996.


Attorney(s) appearing for the Case

David Paul Daniels, attorney for appellants.

Shapiro & Kreisman, attorneys for respondent (Jeffrey A. Grabowski, on the brief).

Before Judges PRESSLER, KEEFE and A.A. RODRIGUEZ.


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

The sole issue presented on appeal is whether a sheriff's sale conducted at 11:00 a.m. in accordance with the advertised notice of sale, but in violation of N.J.S.A. 2A:61-4 which requires such sales to be conducted between the hours of 12:00 noon and 5:00 p.m., is void or merely voidable. Defendant Cora T. Gillespie, the mortgagor of the foreclosed premises...

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