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EQUITY SAV. & LOAN ASS'N v. CHICAGO TITLE INS.

190 N.J. Super. 340 (1983)

463 A.2d 398

EQUITY SAVINGS AND LOAN ASSOCIATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. CHICAGO TITLE INSURANCE COMPANY, A MISSOURI CORPORATION, DEFENDANT-APPELLANT, AND TRUNC ENTERPRISES, INC., A NEW JERSEY CORPORATION, PHILIP RABEN, ROBERT THOMAS OPPELT AND STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1983.

Attorney(s) appearing for the Case

Shanley & Fisher, attorneys for appellant (A. Dennis Terrell and Paul M. Antinori on the brief).

Winne, Banta & Rizzi, attorneys for respondent (Andrew P. Napolitano of counsel and on the brief).

Before Judges BOTTER, POLOW and BRODY.

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

Harvey Goldberg misused his position as an attorney in arranging the placement of two mortgages on the same property. He falsely represented to each mortgagee that its mortgage was a first lien. Their priorities are at issue in this foreclosure suit.

Goldberg's machinations began while the property was encumbered by a $12,000 first mortgage to Philip Raben and a $40,000 second mortgage to Valley Savings...

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