CORESTATES/NEW JERSEY NATIONAL BANK v. CHARLES SCHAEFER SONS, INC.


902 A.2d 309 (2006)

386 N.J. Super. 554

CORESTATES/NEW JERSEY NATIONAL BANK, by its Assignee SCHAEFER SALT RECOVERY, INC., Plaintiff-Appellant, v. CHARLES SCHAEFER SONS, INC. a New Jersey Corporation, Schaefer Properties, Inc., a New Jersey Corporation, Charles F. Boeddinghaus, III, Judy L. Boeddinghaus, James K. Barbour, and Carole Barbour, Defendants. Corestates/New Jersey National Bank, by its Assignee Schaefer Salt Recovery, Inc., Plaintiff-Appellant, v. Charles Schaefer Sons, Inc., a New Jersey Corporation, Schaefer Properties, Inc., a New Jersey Corporation, James K. Barbour, Carol Barbour, Charles F. Boeddinghaus, III, Judy L. Boeddinghaus, The State of New Jersey, The United States of America, and The Dow Chemical Co., Defendants. Carol Segal, by her Assignee Sherwood Group Associates, Plaintiff-Respondent, v. James K. Barbour, Defendants. Carol Segal, by her Assignee Sherwood Group Associates, Plaintiff-Respondent, v. Schaefer Properties, Inc., ICC Chemical Corporation, Prior Chemical Corporation, and State of New Jersey, Defendants, and Schaefer Salt Recovery, Inc. Assignee of First Union National Bank f/k/a The National State Bank of Elizabeth, NJ n/k/a Wachovia Bank, Defendant-Appellant. Carol Segal, Plaintiff-Respondent, v. Chas. Schaefer Sons, Inc., First Union National Bank, Vimax Industries, Inc., Renfrt-Diana of New York, Inc., Takeda, U.S., Inc., Occidental Chemical, Consolidated Rail Corp., ICC Chemical Corporation, Prior Chemical Corporation, The Dow Chemical Company, State of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 2006.


Attorney(s) appearing for the Case

Robert A. Pinel, Livingston, argued the cause for appellant Schaefer Salt Recovery, Inc., assignee of Corestates/New Jersey National Bank (Stern, Lavinthal, Frankenberg & Norgaard, attorneys; Nicholas Khoudary and Mr. Pinel, of counsel and on the brief).

Michael G. Pellegrino, Denville, argued the cause for respondents Sherwood Group Associates and Carol Segal (Casale & Pellegrino, attorneys; Mr. Pellegrino, on the brief).

Before Judges A.A. RODRIacute;GUEZ, C.S. FISHER and YANNOTTI.


The opinion of the court was delivered by

RODRIacute;GUEZ, A.A., P.J.A.D.

In this appeal we are required to consider the standard for determining what constitutes "nominal consideration" within the meaning of N.J.S.A. 54:5-89.1, the "title raiding," "heir hunting" or "intermeddler" provision of N.J.S.A. 54:5-1 to -137, the "tax sale law." Determining what constitutes nominal consideration in this context has proven troublesome for trial courts...

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