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WAMCO XV LTD. v. FARRELL

301 N.J. Super. 73 (1997)

WAMCO XV LTD., PLAINTIFF-APPELLANT, v. RAYMOND P. FARRELL, JR., LOYOLA FEDERAL SAVINGS BANK, T/A LOYOLA CONSUMER SERVICES, INC., CAPITAL BANKERS LIFE INSURANCE COMPANY AND FIRST FIDELITY BANK, DEFENDANTS, AND LYNN FARRELL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1997.

Attorney(s) appearing for the Case

Mark S. Kenney argued the cause for appellant (Klehr, Harrison, Harvey, Branzburg & Ellers, attorneys; Mr. Kenney and Francis X. Taney, Jr., on the brief).

Robert Pluese argued the cause for respondent (Pluese, Incollingo & Lihotz, attorneys; Michael R. Contarino, on the brief).

Before Judges LANDAU and WALLACE, JJ.

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

This is an appeal by a mortgagee, plaintiff Wamco XV, Ltd. (Wamco), from an order of the Chancery Division granting summary judgement to defendant Lynn Farrell (Lynn) and denying its cross motion for summary judgement in a foreclosure suit.

In July 1978, defendant's husband Raymond Farrell (Ray) purchased a home at 4805 Fifth Avenue, Avalon, New Jersey...

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