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FIRST UNION NAT. BANK v. PENN SALEM

893 A.2d 1 (2006)

383 N.J. Super. 562

FIRST UNION NATIONAL BANK, as Indenture Trustee, Plaintiff-Respondent, v. PENN SALEM MARINA, INC., Marvin K. Hitchner, Jr., Defendants-Appellants, and Marvin K. Hitchner, III, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 2006.

Attorney(s) appearing for the Case

Todd W. Heck, Vineland, argued the cause for appellants (Basile & Testa, attorneys; Mr. Heck, on the brief).

James B. Daniels, argued the cause for respondent (Budd Larner, attorneys; Mr. Daniels, Christopher P. Anton, Short Hills, and Josh M. Mann, Morristown, on the brief).

Before Judges CONLEY, WEISSBARD and WINKELSTEIN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this mortgage foreclosure action, we are called upon to decide whether the amount of a previously adjudicated Law Division judgment obtained on the note evidencing the underlying debt limits the amount of the foreclosure judgment. We conclude that it does not, and affirm the January 13, 2005 final judgment in foreclosure.

The material facts are not in dispute. On May 4, 2001, defendants...

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