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FIRST FEDERAL SAVINGS & LOAN ASS'N v. NIEDER

163 N.J. Super. 308 (1978)

394 A.2d 896

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. M. GENEVIEVE FULLERTON NIEDER, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1978.

Attorney(s) appearing for the Case

Mr. R. Dale Winget argued the cause for appellant (Messrs. Winget & Keating, attorneys; Mr. John R. Lanza on the brief).

Mr. Robert H. Kraus argued the cause for respondent (Messrs. Read, Lieb, Kraus & Grispin, attorneys).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by PRESSLER, J.A.D.

This appeal poses a relatively narrow question regarding the respective rights to a fund in court as among the insured mortgagor, her attorney and the mortgagee. The trial judge held that the fund was first subject to an attorney's lien and that the balance thereof was payable to the mortgagee. Both mortgagor and mortgagee appeal. We affirm.

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