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FIRST FIDELITY BANK v. TRAVELERS MORTGAGE SERVICES, INC.

300 N.J. Super. 559 (1997)

FIRST FIDELITY BANK, NATIONAL ASSOCIATION, SOUTH, PLAINTIFF-RESPONDENT, v. TRAVELERS MORTGAGE SERVICES, INC., DEFENDANT-APPELLANT, AND GREGORY A. DISABATINO AND PAMELA DISABATINO, HUSBAND AND WIFE; AND THE STATE OF NEW JERSEY AND ITT RESIDENTIAL CAPITAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1997.

Attorney(s) appearing for the Case

James J. Madden argued the cause for appellant (Madden, Madden & Del Duca, attorneys; Mr. Madden and Damien O. Del Duca, of counsel and on the brief).

Jill E. Jachera and Peter Norman argued the cause for respondent (Klehr, Harrison, Harvey, Branzburg & Ellers, attorneys; Ms. Jachera and Mr. Norman, of counsel and on the brief).

Before Judges DREIER, NEWMAN and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).

Defendant, Travelers Mortgage Services, Inc. ("Travelers"), appeals from a summary judgment in the Chancery Division determining that its mortgage is junior in priority to the mortgage of plaintiff, First Fidelity Bank, National Association, South ("First Fidelity"). The issue is whether First Fidelity should receive the benefit of an advance in priority when...

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