Suzanne TURNER, on behalf of herself and all others similarly situated, Plaintiffs-Appellants and Cross-Respondents,
v.
FIRST UNION NATIONAL BANK (formerly First Fidelity Bank, NA NJ, a National Banking Association), Defendant-Respondent.
Daniel Iversen and Lawrence Cohen and Terri Cohen, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants and Cross-Respondents,
v.
Collective Bank, a federally chartered savings bank organized under the laws of the United States of America (improperly named as Collective Bancorp., Inc., a Delaware corporation), Defendant-Respondent and Cross-Appellant.
Thomas Kelly, on behalf of himself and all others similarly situated, Plaintiffs-Appellants and Cross-Respondents,
v.
Chase Manhattan Mortgage Corporation, a Delaware corporation, a/k/a Chase Home Mortgage Corporation, Defendant-Respondent.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued September 27, 1999.
Decided December 9, 1999.
Attorney(s) appearing for the Case
John M. Donnelly and Arthur M. Brown, Atlantic City, for plaintiffs-appellants and cross-respondents (Levine, Staller, Sklar, Chan, Brodsky & Donnelly, and Schiffrin, Craig & Barroway, LTD., attorneys); (Mr. Brown, Marc A. Topaz and Mr. Donnelly, on the briefs).
Gregory R. Haworth, for defendant-respondent First Union National Bank (Duane, Morris & Heckscher, attorneys).
George E. McDavid, Princeton, for defendant-respondent Chase Manhattan Mortgage Corporation (Reed Smith Shaw & McClay, attorneys); Mr. McDavid, Leonard A. Bernstein, and Robert M. Jaworski, of counsel; Kathleen F. Doran, on the briefs.
Gerald A. Liloia, Morristown, for defendant-respondent and cross-appellant, Collective Bank (Riker, Danzig, Scherer, Hyland & Perretti and McCarter & English, attorneys); Mr. Liloia and Glenn P. Callahan, on the brief.
Dennis R. Casale, for amici curiae New Jersey Bankers Association and New Jersey League of Community and Savings Bankers (Jamieson Moore Peskin & Spicer, attorneys); Dominick A. Mazzagetti, on the letter brief.
E. Robert Levy submitted a brief on behalf of amici curiae Mortgage Bankers Association of New Jersey and League of Mortgage Lenders (Goldman, Levy, Zolotorofe & Corcoran, attorneys); Mr. Levy and Wayne A. Watkinson, of counsel and on the brief.
Supreme Court of New Jersey.
The opinion of the Court was delivered by GARIBALDI, J.
This appeal involves the interpretation of N.J.S.A. 46:10A-6(d) ("Section (d)"), as amended by L. 1993, c. 33. N.J.S.A. 46:10A-6 guarantees borrowers the right to independent legal representation in mortgage transactions. Although Section (d) prohibits lenders from shifting their legal fees to borrowers...
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