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PHOENIX FUNDING, INC. v. KRUTE

No. A-1706-07T3

958 A.2d 73 (2008)

403 N.J. Super. 261

PHOENIX FUNDING, INC., Plaintiff-Appellant, v. Shartane and Robert KRUTE, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 2008.

Attorney(s) appearing for the Case

Keith A. Bonchi, Atlantic City, argued the cause for appellant (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys; Mr. Bonchi, of counsel and on the brief; Rosann Allen, on the brief).

Robert W. Keyser, argued the cause for respondents (Taylor and Keyser, attorneys; Mr. Keyser, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

Plaintiff Phoenix Funding, Inc. owned a tax sale certificate that was redeemed by the property owner's heir, Reva Braun, after Phoenix filed a complaint to foreclose the right of redemption. Defendants Robert and Shartane Krute loaned Reva the money she used to avoid Phoenix's foreclosure by redeeming the certificate. Within three months of the redemption, the Krutes purchased the property from Reva....

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