SUZANNE TURNER, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS,
v.
FIRST UNION NATIONAL BANK (FORMERLY FIRST FIDELITY BANK, NA NJ, A NATIONAL BANKING ASSOCIATION), DEFENDANT-APPELLANT. DANIEL IVERSON, LAWRENCE COHEN, AND TERRI COHEN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS,
v.
COLLECTIVE BANK, A FEDERALLY CHARTERED BANK ORGANIZED UNDER THE LAWS OF THE UNITED STATES OF AMERICA (IMPROPERLY NAMED AS COLLECTIVE BANKCORP, INC., A DELAWARE CORPORATION), DEFENDANT-APPELLANT. THOMAS KELLY, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS,
v.
CHASE MANHATTAN MORTGAGE CORPORATION, (A/K/A, CHASE HOME MORTGAGE CORP.), DEFENDANT-APPELLANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 19, 1998.
Decided July 9, 1998.
Attorney(s) appearing for the Case
John M. Donnelly, argued the cause for respondents Turner, Iverson, and Kelly (Levine, Staller, Sklar, Chan, Brodsky & Donnelly, and Schiffrin & Craig, attorneys; Arthur M. Brown, Marc Topaz, and Mr. Donnelly, on the briefs).
Gregory R. Haworth, argued the cause for appellants First Union National Bank (Cole, Schotz, Meisel, Forman & Leonard, attorneys; Mr. Haworth, of counsel; David S. Blatteis and Mr. Haworth, on the briefs).
Gerald A. Liloia, argued the cause for appellant Collective Bank (Riker, Danzig, Scherer, Hyland & Perretti, and McCarter & English, attorneys; Anthony J. Sylvester and Glenn P. Callahan, on the briefs).
George E. McDavid, argued the cause for appellant Chase Manhattan Mortgage Corporation (Reed, Smith, Shaw & McClay, attorneys; Leonard Bernstein and Mr. McDavid, of counsel; Robert M. Jaworski, Kathleen F. Doran, and Mr. McDavid, on the briefs).
Dominick A. Mazzagetti, argued the cause for amici curiae New Jersey Bankers Association and New Jersey League of Community and Savings Bankers (Jamieson, Moore, Peskin & Spicer, attorneys; Dennis R. Casale, of counsel; Mr. Mazzagetti, on the brief).
Before Judges DREIER, KEEFE and PAUL G. LEVY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KEEFE, J.A.D.
This case requires the court to construe N.J.S.A 46:10A-6(d), pertaining to a lender's right to pass along its attorney fees to residential borrowers for the review of certain loan documents. These consolidated cases come to us from two Law Division rulings that conflict in their interpretation of the statute. In Kelly v. Chase Manhattan Mortgage Corp. and Iverson v. Collective Bank, considered...
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