F.U.N.B. v. KIRBY


744 A.2d 1243 (1999)

328 N.J. Super. 161

F.U.N.B., as custodian for National Tax Funding, L.P., Plaintiff, v. Richard KIRBY; Mrs. Richard Kirby, the wife of Richard Kirby; the Borough of Union Beach, a municipality of the State of New Jersey, Defendants.

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

Decided October 27, 1999.


Attorney(s) appearing for the Case

Allocca & Pellegrino, Parsippany (Jeffrey M. Sponder, appearing, Montague), for plaintiff.

Drazin & Warshaw (Ronald Lee Reisner, appearing), Red Bank, for defendant Borough of Union Beach.

No other appearances.


FISHER, P.J.Ch.

The present dispute concerns which lien has priority: the tax sale certificate held by plaintiff or the mortgage obtained by defendant Borough of Union Beach ("Union Beach") pursuant to the Affordable Housing Rules. Because the Legislature has not clearly directed that the type of lien possessed by Union Beach should have priority over a tax sale certificate, plaintiff's motion for summary judgment will be granted in this matter of first impression...

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