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FREDA v. COMMERCIAL TRUST CO.

118 N.J. 36 (1990)

570 A.2d 409

PATRICIA C. FREDA, PLAINTIFF-RESPONDENT, v. COMMERCIAL TRUST COMPANY OF NEW JERSEY, A BANKING INSTITUTION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 21, 1990.

Attorney(s) appearing for the Case

Steven Wise argued the cause for appellant (Kaplowitz and Wise, attorneys).

Jill L. McNish argued the cause for respondent (Gelman & McNish, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

In this case, the husband mortgaged his interest in real property owned by him and his wife as tenants by the entirety. Thereafter, the husband and wife were divorced, and the equitable distribution plan in their divorce decree required him to convey his interest in the property to her. The essential issue is whether the order for distribution extinguished the mortgage lien on the husband's interest after the conveyance...

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