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CHICAGO TITLE INS. CO. v. ELLIS

DOCKET NO. A-5133-07T1.

978 A.2d 281 (2009)

409 N.J. Super. 444

CHICAGO TITLE INSURANCE COMPANY, Plaintiff-Respondent, v. Daniel ELLIS and MS Financial Services, Inc., Defendants, and Lehman Brothers Bank, FSB, Plaintiff-Intervenor, v. Daniel Ellis, MS Financial Services, Inc., Brenda Rickard, Jamila Davis a/k/a Jamila Baker, Diamond Star Financial Inc., Shaheer Williams, Nick Infantino, United Mortgage Services, Shawn Miller, One Source Mortgage, Carl Dimasi, James Campbell a/k/a Thomas Goldson, Anel Mendez, Brandi Mohammed, Charles Stanton, Brian Togneri, Darnell Barber, Andrew O'Connell, Michael Bassillo, Necker Jean, TDA Appraisers, John Witty, Gordon Lynn, Witty Appraisals, Majadi Hughes, Roberto Franco, The Real Estate Appraisal Depot, Arisma Theodore, Financial Independent Services, Inc., Smart Realty, Debra Friedman, Keith Alliotts, Jamil Ingram, David Solomon, New Life Investments, Inc., Al Rodd, Ahmad Abus Kamal, Mohammed Abu Kamal, Melony Rand, Jamila Davis Realty Inc., Laverne Williams, Leon Williams, Defendants, and Hosea Davis and Liddie Davis, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 2009.

Attorney(s) appearing for the Case

Paul Casteleiro, Hoboken, argued the cause for appellants.

Michael R. O'Donnell, Lawrenceville, argued the cause for respondent (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. O'Donnell, of counsel and on the brief; Ronald Z. Ahrens and Jonathan M. Sandler, Morristown, on the brief).

Before Judges STERN, WAUGH and ASHRAFI.

The opinion of the court was delivered by

ASHRAFI, J.S.C. (temporarily assigned).

In this appeal, we consider the tort of conversion as it applies to money rather than chattels. More specifically, we consider whether defendants who received fraudulently obtained money must repay it to the rightful owner even if they had no knowledge of the fraud.

Plaintiff Chicago Title Insurance Company seeks to recoup from defendants portions of more than $22 million...

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