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CLIENTS' SEC. FUND v. SECURITY TITLE

134 N.J. 358 (1993)

634 A.2d 90

CLIENTS' SECURITY FUND OF THE BAR OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SECURITY TITLE AND GUARANTY COMPANY, DEFENDANT-APPELLANT, AND ALLIANCE TITLE AGENCY, CENTER SAVINGS & LOAN ASSOCIATION; AND JOSEPH WITKOWSKI, DEFENDANTS, AND SOUTHERN MORTGAGE ASSOCIATES, INC., DEFENDANT-RESPONDENT. SECURITY TITLE AND GUARANTY COMPANY, PLAINTIFF-APPELLANT, v. DOUGLAS C. HART, DEFENDANT-RESPONDENT, AND DIANE CHAPIN AND SUSAN HARRISON, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 29, 1993.

Attorney(s) appearing for the Case

George J. Lasky argued the cause for appellant (Lasky and Cohen, attorneys).

Daniel R. Hendi, Deputy Counsel, argued the cause for respondent New Jersey Lawyers' Fund for Client Protection (Kenneth J. Bossong, Counsel, attorney).

Louis J. Casagrande argued the cause for respondent Douglas C. Hart (Monte & Marriott, attorneys).

Jack A. Serpico argued the cause for respondent Southern Mortgage Associates, Inc.

John R. Weigel submitted a brief on behalf of amicus curiae, New Jersey Land Title Association.

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

In the companion case, Sears Mortgage Corporation v. Rose and Kaiser, 134 N.J. 326, 634 A.2d 74 (1993), decided today, we considered the issue of which party participating in the closing of a real estate title must ultimately absorb the loss caused by the closing attorney's theft of moneys earmarked for the payment of an existing first mortgage...

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