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MALONE v. MIDLANTIC BANK N.A.

758 A.2d 158 (1999)

334 N.J. Super. 238

Monica MALONE, Plaintiff, v. MIDLANTIC BANK, N.A. and Robert Herdelin, Geraldine Herdelin, et al., Defendant.

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

September 9, 1999.

Attorney(s) appearing for the Case

Joseph P. Murray, Brigantine (Joseph P. Murray, Esq.) for Plaintiff Monica Malone.

Richard Grossman, Brick (Grossman, Kruttschnitt, Heavey & Jacob) for intervenor Robert Herdelin.

Christopher Baylinson, Atlantic City (Perskie Nehmad & Perillo) for movants Geraldine Herdelin and Wade McKissick, intervenors.

L. ANTHONY GIBSON, J.S.C.

I. NATURE OF ACTION

This is a tax sale foreclosure in which the occupants of the premises, who were not named as defendants, seek to reopen the Judgment in plaintiffs' favor and to redeem. Alternatively, they seek a declaration that they are bona fide tenants and have a continuing right to possession in accordance with the Anti-Eviction Act. Plaintiff objects and seeks an Order for possession.

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