REGENCY SAVINGS BANK v. MORRISTOWN MEWS


833 A.2d 77 (2003)

363 N.J. Super. 363

REGENCY SAVINGS BANK, F.S.B., Plaintiff-Respondent/Cross-Appellant, v. MORRISTOWN MEWS, L.P., United States Land Resources, L.P., Randolph Mileed Realty Holdings, L.P., Lawrence S. Berger, Morristown Mews GP, L.L.C., Randolph Mileed GP, L.L.C., and United States Realty Resources Inc., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided October 21, 2003.


Attorney(s) appearing for the Case

Berger & Bornstein, attorneys for defendants-appellants (Ruth M. Meyer, on the brief).

Drinker, Biddle & Reath, attorneys for plaintiff-respondent/cross-appellant (Walter J. Fleisher, Jr., and Marita S. Erbeck, Florham Park, on the brief).

Before Judges CONLEY, CARCHMAN and WECKER.


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

The attorney fee dispute before us arises in the context of efforts by a lender to collect on defaulted notes secured by mortgages. More particularly, the dispute is generated by the lender's efforts to be fully compensated for its counsel fees incurred in its collection efforts. Those efforts included two separate foreclosure actions which ultimately resulted in payment of principal and interest with releases...

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