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REALTY ASSET PROP. v. OLDHAM

811 A.2d 468 (2002)

356 N.J. Super. 16

REALTY ASSET PROPERTIES, LTD., Plaintiff-Appellant, v. David OLDHAM & Mrs. David Oldham, wife of David Oldham; Allen Sauer & Mrs. Allen Sauer, wife of Allen Sauer; The Bank of New York; First Union National Bank; Monmouth Ocean Collection Service Inc.; Gravatt and Son, Inc.; County of Monmouth; State of New Jersey and United States of America, Defendants, and Hill House Farms, LLC, Betsy Macdonald Cotter, and Township of Millstone, Defendants/Intervenors-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 2002.

Attorney(s) appearing for the Case

Robert W. Keyser argued the cause for appellant (Kaplin, Stewart, Meloff, Reiter and Stein, attorneys; Kelly R. Ramsdell, on the brief).

Michael J. Fasano, Highlands, argued the cause for respondent Township of Millstone (Lomurro, Davison, Eastman and Munoz, attorneys; Edward C. Eastman, Jr., on the brief).

Paul Schafhauser, Morristown, argued the cause for respondents Hill House Farms and Betsy MacDonald Cotter (Herrick, Feinstein, attorneys; Scott T. Tross and Mr. Schafhauser, of counsel and on the brief).

Before Judges WEFING, WECKER and FUENTES.

The opinion of the court was delivered by

FUENTES, J.A.D.

Plaintiff, Realty Asset Properties, Ltd., appeals the dismissal of its foreclosure action initiated pursuant to a tax sale certificate. The Chancery Division/General Equity Part ruled that plaintiff had failed to finalize the foreclosure proceedings within two years of the date the sale was confirmed by the municipal governing body. This failure to act caused the certificate to revert to the municipality...

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