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HOWARD SAV. BANK v. BRUNSON

244 N.J. Super. 571 (1990)

582 A.2d 1305

THE HOWARD SAVINGS BANK, PLAINTIFF, v. BURL BRUNSON, "MRS. BURL BRUNSON", CHRYSLER FIRST FINANCIAL SERVICES CORPORATION, ROLS CAPITAL CO., CHICAGO TITLE INSURANCE COMPANY, JESUS IJALBA AND CELESTE IJALBA, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Essex County.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Steven H. Finkelstein for plaintiff (Hayt, Hayt & Landau, attorneys).

Lewis M. Markowitz for defendants (Epstein, Epstein, Brown & Bosek, attorneys).

MARGOLIS, J.S.C.

This matter involves cross motions for summary judgment on a priority dispute between mortgage holders. The essential facts are undisputed.

In January 1986, defendant Burl Brunson (Brunson) purchased a parcel of property in Newark, New Jersey. The deed for the property was properly recorded pursuant to N.J.S.A. 46:21-1 and indexed pursuant to N.J.S.A. 46:20-4 on January 24, 1986. In March 1986, Brunson borrowed $50,000 from plaintiff...

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