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JACOBY v. ESEO

746 A.2d 1069 (2000)

329 N.J. Super. 119

Andrew JACOBY and Carolyn Jacoby, Plaintiffs-Respondents, v. Benigno ESEO, Evelyn Zaris, individually and as Executrix of the Last Will & Testament of Louis Zaris, Deceased, Cesar Isaga and Leticia Isaga, and Citibank South Dakota, Defendants, and Atlantic County Sheriff, Intervenor-Appellant, and Charlene Loo, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 2000.

Attorney(s) appearing for the Case

Paul J. Gallagher, Atlantic County Counsel, for intervenor-appellant (Diane M. Ruberton, Assistant County Counsel, on the brief).

Cooper Perskie April Niedelman Wagenheim & Levenson, Atlantic City, for plaintiffs-respondents Andrew Jacoby and Carolyn Jacoby (Michael Jacobson, on the brief).

Respondent Charlene Loo did not file a brief.

Before Judges KING, CARCHMAN and LEFELT.

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

This appeal requires us to interpret a provision of N.J.S.A. 22A:4-8 (the statute) and determine the Sheriff's entitlement to fees after a foreclosure sale has resulted in a default by the high bidder and forfeiture of a deposit. We conclude, as did Judge Gibson in the Chancery Division, that the Sheriff is entitled to a commission on the amount of the forfeited deposit rather than the bid amount.<...

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