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FIRST TRUST NAT. ASSOC. v. MEROLA

724 A.2d 858 (1999)

319 N.J. Super. 44

FIRST TRUST NATIONAL ASSOC., as trustee, Plaintiff-Respondent, v. Peter A. MEROLA and Kristine Merola, his wife; and Ford Consumer Finance Company, Inc., Defendants-Respondents. In the Matter of Mark Veltre, Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1999.

Attorney(s) appearing for the Case

Steven Kropf, Old Bridge, for appellant (Heilbrunn, Finkelstein, Heilbrunn, Alfonso, Goldstein & Pape, attorneys; Mr. Kropf, of counsel and on the brief).

Salvatore Alfieri, Matawan, for defendant-respondent Ford Consumer Finance Company, Inc. (Cleary, Alfieri & Grasso, attorneys; John G. Hoyle, III, on the brief).

Plaintiffs-respondents First Trust National Assoc., Peter A. Merola, and Kristine Merola, did not file responsive briefs.

Before Judges PRESSLER, KLEINER, and STEINBERG.

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

The single and narrow question raised by this appeal is whether a second mortgagee with notice of a foreclosure sale is entitled to set aside the mortgage foreclosure sale because it failed to appear at the foreclosure sale due to its admitted error. We answer this question in the negative and, accordingly, reverse the order entered in the Chancery Division which set aside the mortgage foreclosure sale to a...

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