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LAST v. AUDUBON PARK ASSOCIATES

227 N.J. Super. 602 (1988)

548 A.2d 236

AARON LAST, PLAINTIFF-APPELLANT, v. AUDUBON PARK ASSOCIATES, AND AUDUBON DEVELOPMENT CORPORATION, DEFENDANTS-RESPONDENTS, AND UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ENERGY TRIM, INC. AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1988.

Attorney(s) appearing for the Case

Louis E. Della Torre, Jr., argued the cause for appellant (Schumann, Hession, Kennelly & Dorment, attorneys).

Raymond T. Lyons, Jr., argued the cause for respondent (Schwartz, Tobia & Stanziale, attorneys).

Harry Haushalter, Deputy Attorney General, argued the cause for intervenor, Attorney General of New Jersey.

Before Judges KING, GAULKIN and D'ANNUNZIO.

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

In this suit to foreclose a mortgage the plaintiff relies on Mennonite Board of Missions v. Adams, 462 U.S. 791, 103 S.Ct. 2706, 77 L.Ed.2d 180 (1983), to avoid the effect of a judgment entered pursuant to the In Rem Tax Foreclosure Act (1948) (the Act), N.J.S.A. 54:5-104.29 et seq.

The mortgage was executed in 1943. It encumbered property...

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