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MOONEY v. PROVIDENT SAV. BANK

308 N.J. Super. 195 (1997)

EUGENE M. MOONEY AND SHARYN A. MOONEY, PLAINTIFFS, v. THE PROVIDENT SAVINGS BANK, WILLIAM DIOGUARDI AND ESTHER DIOGUARDI, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Monmouth County.

Decided August 11, 1997.

Attorney(s) appearing for the Case

Kathleen R. Wall, for plaintiffs

Nicholas Stevens, for the Provident Savings Bank (Starr, Gern, Davison & Rubin, attorneys).

W. Peter Ragan, for Dioguardis (Blankenhorn and Ragan, attorneys).

McGANN, J.S.C., retired and temporarily assigned on recall.

Plaintiffs, Mooney (husband and wife) bring this action to cancel of record four open mortgages which cloud the title to their residence located at 510 West End Avenue, Avon, New Jersey. Three of those mortgages are in the name of The Provident Savings Bank (hereinafter "Provident") and one in the names of the Dioguardis (husband and wife). The applicable statute, N.J.S.A. 2A:51-1 provides (as pertinent...

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