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INVESTORS SAVINGS v. KEYBANK NAT.

Docket No. A-0404-10T2

38 A.3d 638 (2012)

424 N.J. Super. 439

INVESTORS SAVINGS BANK, Plaintiff-Respondent, v. KEYBANK NATIONAL ASSOCIATION, Defendant-Appellant, and Denis Kelliher, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 2012.

Attorney(s) appearing for the Case

Donna L. Thompson , Allenwood, attorney for appellant.

Chiumento McNally , Cherry Hill , attorneys for respondent ( Stephen McNally , on the brief).

Before Judges PARRILLO, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

This appeal requires us to determine whether the holder of a mortgage that secures a loan used to discharge a prior mortgage is equitably subrogated to the rights of the prior mortgagee and thus has priority over the lien of a judgment creditor that recorded its judgment before the new mortgage was placed on the property. We conclude that such a refinancing...

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