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IN RE MULLARKEY

Nos. 05-4081, 05-4651.

536 F.3d 215 (2008)

In re Richard John MULLARKEY, Debtor Richard Mullarkey, Appellant v. Leslie Tamboer; Leonard Tamboer; John McKenna; David Gherlone; Steven Kartzman Richard Mullarkey, Appellant v. Leonard Tamboer; Leslie Tamboer; John McKenna; David Gherlone.

United States Court of Appeals, Third Circuit.

Filed: July 31, 2008.

Attorney(s) appearing for the Case

Christian G. Vergonis (Argued), Jones Day, Washington, DC, for Appellant.

Kathleen B. Riordan (Argued), Hack, Piro, O'Day, Merklinger, Wallace & McKenna, Florham Park, NJ, Gina M. Longarzo, Esq., Madison, NJ, for Appellee.

Steven Kartzman, Sparta, NJ, Pro Se.

Before: SLOVITER and SMITH, Circuit Judges, and DIAMOND, District Judge.

OPINION

SMITH, Circuit Judge.

Richard Mullarkey and the Tamboers each owned an undivided one-half interest in a parcel of property known as "The Princeton Estates," or 86 Branchville Road, Hampton Township, New Jersey. The Tamboers agreed to pay Mullarkey's original bank mortgage and, in turn, held a mortgage on his share of the property. The mortgage was dated June 2, 1990, and was recorded on February 28, 1991. Mullarkey ultimately defaulted on his mortgage...

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