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WILMINGTON SAVINGS FUND v. DAW

Docket No. A-0829-19.

265 A.3d 178 (2021)

469 N.J. Super. 437

WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a Christiana Trust, not individually but as trustee FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff-Respondent, v. Patricia E. DAW and Richard C. Daw, Defendants-Appellants, and TD Bank, N.A., and State of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 2021.

Attorney(s) appearing for the Case

Joseph Albanese , Forked River, argued the cause for appellants.

Gene R. Mariano , Mount Laurel, argued the cause for respondent (Parker McCay, PA, attorneys; Gene R. Mariano, on the brief).

Before Judges Sabatino, Rothstadt, and Natali.

The opinion of the court was delivered by

When a mortgaged residence is damaged by a storm and the homeowners' property or flood insurer pays benefits for the storm damages, how should the mortgage company determine whether to use those insurance funds to pay down the delinquent mortgage principal and interest, or, alternatively...

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