SPENCER SAV. BANK, SLA v. SHAW

No. A-6338-06T2

949 A.2d 218 (2008)

401 N.J. Super. 1

SPENCER SAVINGS BANK, SLA, Plaintiff-Appellant, v. Walter SHAW and Carole Shaw, his wife, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 2008.


Attorney(s) appearing for the Case

Vincent J. Massa, III, Hackensack, argued the cause for appellant (Jones and Jones, attorneys; Mr. Massa, III, on the brief).

Cecilia M.E. Lindenfelser, Roseland, argued the cause for respondents (Law Offices of Charles A. Rosen, attorneys; Ms. Lindenfelser, on the brief).

Before Judges PAYNE SAPP-PETERSON and MESSANO.


The opinion of the court was delivered by

MESSANO, J.A.D.

Plaintiff Spencer Savings Bank, SLA, appeals from the July 19, 2007, order that denied its summary judgment motion and dismissed its foreclosure complaint against defendants Walter and Carole Shaw. As the trial judge noted, at issue "is the novel question of whether a lender may charge the borrower attorney's fees and costs during the interim period between...

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