1. Home
  2. Browse Decisions
  3. A.3d
  4. 74 A.3d
  5. 74 A.3d 1 (2013)
 

SOVEREIGN BANK v. GILLIS

Docket No. A-5132-11T2

74 A.3d 1 (2013)

432 N.J. Super. 36

SOVEREIGN BANK, Plaintiff-Respondent, v. Joseph M. GILLIS; Mrs. Joseph M. Gillis, his wife; Eulalia Gillis; Mr. Gillis, husband of Eulalia Gillis; First Bankamericano; and State of New Jersey, Defendants, and Deutsche Bank National Trust Company, as Trustee for WaMu Mortgage Pass Through Certificates, WaMu 2005-AR9, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 2013.

Attorney(s) appearing for the Case

Robert L. Grundlock, Jr. , Princeton, argued the cause for appellant (Rubin Ehrlich & Buckley, PC, attorneys; Mr. Grundlock, on the briefs).

Vladimir Palma , Mt. Laurel, argued the cause for respondent (Phelan Hallinan & Diamond, attorneys; Mr. Palma, on the brief).

Before Judges PARRILLO, SABATINO and MAVEN.

The opinion of the court was delivered by

SABATINO, J.A.D.

This appeal concerns whether a refinancing lender that discharges its own previous mortgage and issues another mortgage loan for a higher amount, and which simultaneously pays off the balance owed on a junior lienor's line of credit without having it closed, can rely upon equitable principles to maintain its priority over that junior lienor. This question of priority arises here in a context in which...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases