CHASE MANHATTAN MORTG. v. SPINA


737 A.2d 704 (1998)

325 N.J. Super. 42

CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, v. Thomas SPINA et ux, Heritage Square Association; State of New Jersey; Noel Olson and Robert Olson and B.T. Credit Co. Inc.—VISA, Defendants.

Superior Court of New Jersey, Chancery Division, Camden County.

Decided March 6, 1998.


Attorney(s) appearing for the Case

Federman and Phelan, P.C., Westmont, for plaintiff; Rosmarie Diamond, appearing.

Angelini, Viniar & Freedman, for defendant Heritage Square Association; Barry W. Rosenberg, Cherry Hill, appearing.


DAVIS, Theodore Z., P.J.Ch.

This matter has come to the attention of the court by way of plaintiff's complaint for foreclosure. An answer has been filed which challenges the priority of the lien of the plaintiff's first mortgage. The motion and cross-motion for summary judgment raise questions of priority because of the enactment of N.J.S.A. 46:8B-21, effective April 1, 1996, which creates a condominium association...

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