UPS CAPITAL BUSINESS v. ABBEY

No. F-2055-07

975 A.2d 548 (2009)

408 N.J. Super. 524

UPS CAPITAL BUSINESS CREDIT, Plaintiff, v. Kenneth J. ABBEY, Washington Mutual Bank, FA and American Express Travel Related Services Company, Inc., Defendants.

Superior Court of New Jersey, Chancery Division.

Decided March 20, 2009.


Attorney(s) appearing for the Case

Jay Samuels, for plaintiff (Windels Marx Lane & Mittendorf, L.L.P., attorneys).

Russell M. Finestein, for defendants (Finestein & Malloy, L.L.C., attorneys).


BERMAN, J.S.C.

The doctrines of equitable subrogation and strict foreclosure rarely find themselves implicated in today's tsunami of foreclosure litigation, but both are present in this case. More specifically, the court has to determine the priority between two liens in the context of a postponement of mortgage agreement precipitated by dueling applications for summary judgment, and the appropriate remedy when a junior lienholder was not joined by mistake or negligence...

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