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MANZO v. SHAWMUT BANK, N.A.

291 N.J. Super. 194 (1996)

677 A.2d 224

JOSEPH MANZO, PLAINTIFF-RESPONDENT, v. SHAWMUT BANK, N.A., AS SUCCESSOR TO BERKELEY FEDERAL SAVINGS AND LOAN ASSOCIATION, DEFENDANT-APPELLANT, AND ALLEN D. MARCUS AND ARLENE MARCUS, H/W, FIRST FIDELITY BANK, N.A., LASSER, HOCHMAN, MARCUS, GURYAN & KUSKIN, ESQS., AND STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 1996.

Attorney(s) appearing for the Case

Robert J. Rohrberger argued the cause for appellant (Fox and Fox, attorneys; Mr. Rohrberger on the brief).

Donald W. Stieh argued the cause for respondent (Stanton & Stieh, attorneys; Mark L. Stanton on the brief).

Before Judges DREIER, KESTIN and CUFF.

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

In this action to foreclose a second mortgage, the central issue is whether a mortgage recorded after the filing of a notice of lis pendens and during its effective term is entitled to priority over a mortgage granted in settlement of the underlying litigation. Judge Norris Harding held that the later mortgage granted in settlement of the litigation was entitled to priority. We affirm.

The matter...

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