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S & R ASSOCIATES v. LYNN REALTY CORP.

769 A.2d 413 (2001)

338 N.J. Super. 350

S & R ASSOCIATES, Plaintiff-Appellant, v. LYNN REALTY CORPORATION; Meadowlands National Bank n/k/a Hudson United Bank; Patisserie Dumas N.J., Inc., a New Jersey Corporation; Fred Werner Retirement Plan, Allan R. Zaroff Retirement Plan, Werner, Zaroff, Slotnick, Stern & Ashkenazy Profit Sharing Plan and Charles L. Schocket, M.D., P.C., Employees Pension Trust; Leonard Listfield; Martha Rydelek, Individually and as the Executrix of the Estate of Luis Perez Vega and John Doe, husband of Martha Rydelek, said name John Doe being fictitious; Capital National Bank, a National Banking Association created and existing under the Laws of the United States of America; Forensic Psychiatric Hospital; Art Sterling Silver Co., Inc.; Mario Hernandez; Chase Cash Reserve; and State of New Jersey, Defendants. S & R Associates, Plaintiff-Appellant, v. Enrique Castro and Mrs. Enrique Castro, Wife of Enrique Castro; Ivo Perez and Mrs. Ivo Perez, Wife of Ivo Perez; Cresencio Montesinos; and United States of America, Defendants, Alma Group, L.L.C., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 2001.

Attorney(s) appearing for the Case

Allocca & Pellegrino, Parsippany, attorneys for appellant (Michael G. Pellegrino and Ralph P. Allocca, on the brief).

Weiler & Brandman, Cranford, attorneys for respondent (Laura V. Studwell, of counsel and on the brief).

Before Judges HAVEY, CUFF and LEFELT.

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

This appeal presents an issue of first impression for the appellate courts of this State, namely whether tax liens arise and tax sale certificates are valid when the underlying taxes were unpaid during the time the mortgage on the premises was in default and the Federal Deposit Insurance Corporation (FDIC) held the mortgage. The motion judge held that the tax liens were...

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