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CHASE MANHATTAN MORT. CORP. v. HERITAGE SQUARE ASS'N

737 A.2d 682 (1999)

325 N.J. Super. 1

CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff-Respondent, v. HERITAGE SQUARE ASSOCIATION, Defendant-Appellant, and Thomas Spina, et ux; State of New Jersey; Noel Olson and Robert Olson; and B.T. Credit Co.—VISA, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 1999.

Attorney(s) appearing for the Case

Barry W. Rosenberg, Cherry Hill, for defendant-appellant.

Rosemarie Diamond, Westmont, for plaintiff-respondent (Federman and Phelan, attorneys; Ms. Diamond, on the brief).

Before Judges KLEINER and STEINBERG.

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

In this contested foreclosure action the Chancery Division was required to determine the priority of liens affecting mortgaged property. The only dispute was whether N.J.S.A. 46:8B-21 creates a lien having priority over a first mortgage lien recorded prior to April 1, 1996. The motion judge concluded that N.J.S.A. 46:8B-21 was designed to give a condominium association a lien for any unpaid assessment...

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