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MORTGAGE ACCESS CORP. v. LEEK

271 N.J. Super. 352 (1994)

638 A.2d 895

MORTGAGE ACCESS CORP., (FORMERLY WEICHERT MORTGAGE CO., INC.), PLAINTIFF, v. BONNIE LEEK, DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND MARK NAISHTEIN, SINGLE, CHARLES BRYAN, ANCHOR SAVINGS AND LOAN ASSOC. AND ACTION SAVINGS BANK, S.L.A., DEFENDANTS. ROBERT DOHERTY, APPELLANT/CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1994.

Attorney(s) appearing for the Case

Stagliano & DeWeese, attorneys for appellant Robert Doherty (David S. DeWeese, on the brief).

Thomas C. Haynes, attorney for respondent Bonnie Leek.

Before Judges BRODY, STERN and KEEFE.

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

The principal issue presented by this appeal is whether a defaulting bidder at a foreclosure sale should be permitted to use the deposit made on the first sale as the deposit on the second sale, contrary to the conditions of sale imposed by the Sheriff.

After the Sheriff of Atlantic County declared that Robert Doherty was the successful bidder at a second execution sale, defendant Bonnie Leek, who had...

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