U.S. SMALL BUSINESS ADMINISTRATION, as Receiver for Bishop Capital, L.P., Plaintiff,
v.
Robert MARTIGNETTI and Laurie Martignetti, Mellon Mortgage Company, Eugene T. Kendig, Mary M. Kendig, James O'Brian a/k/a James O'Brien and James J. Hall, Defendants
and
Robert Martignetti and Laurie Martignetti, Defendants and Third Party Plaintiffs
v.
State Street Bank and Trust Co., Third Party Defendant,
v.
Lawyers Title Insurance Corp., First American Title Insurance Co., and Shapiro & Kriesman, Fourth Party Defendants,
v.
Marguerite M. Schaffer, Esq, and Shain, Shaffer & Rafanello, Fifth Party Defendants.
United States District Court, D. New Jersey.https://leagle.com/images/logo.png
May 24, 2000.
May 24, 2000.
Attorney(s) appearing for the Case
Robert J. Cleary, United States Attorney, Neil R. Gallagher, Assistant United States Attorney, Newark, NJ, John G. Silbermann, Trial Attorney, U.S. Small Business Administration, Washington, DC, for Plaintiff.
Robert L. Grundlock, Jr. Rubin, Ehrlich, Buckley, P.C., Princeton, NJ, for Defendants Robert and Laurie Martignetti, and fourth party Defendant First American Title Insurance Co.
Christopher J. Fox, Mark J. Udren & Associates, Cherry Hill, NJ, for Defendant State Street Bank.
Craig L. Levinsohn, Winne, Banta, Rizzi, Hetherington & Basralian, P.C., Hackensack, NJ, for Defendant Lawyers Title.
Jeffrey A. Grabowski, Shapiro & Kreisman, Marlton, NJ, for Defendant Shapiro & Kreisman.
Christopher J. Carey, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Newark, for Defendants Marguerite Schaffer and Shain, Schaffer & Rafanello.
United States District Court, D. New Jersey.
OPINION
DeBEVOISE, Senior District Judge.
In this foreclosure action plaintiff, U.S. Small Business Administration, as Receiver for Bishop Capital, L.P. (the "Receiver"), seeks to foreclose on real property (the "Property") currently owned by defendants, Robert and Laurie Martignetti.1 The Receiver relies upon a June 1991 assignment to Bishop Capital, L.P. ("Bishop") of a mortgage upon the Property. Defendants challenge...
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