UNITED NAT. BANK v. PARISH


750 A.2d 238 (1999)

330 N.J. Super. 654

UNITED NATIONAL BANK etc., Plaintiff, v. Gary PARISH a/k/a Gary Parish; O'Conco, Inc.; Michael Avalone; and PNC Bank, N.A., Defendants.

Superior Court of New Jersey, Chancery Division, Monmouth County.

Decided December 3, 1999.


Attorney(s) appearing for the Case

Law Offices of Ralph P. Ferrara, P.C. (Michelle S. Kirmser, appearing), for plaintiff United National Bank.

Newman & Simpson (Michael S. Hanusek, appearing), for defendant PNC Bank, N.A.

No other appearances.


FISHER, P.J.Ch.

Plaintiff United National Bank ("UNB"), the first mortgagee, seeks disgorgement of the rents that defendant PNC Bank ("PNC"), the second mortgagee, obtained after taking possession of the property owned by the mortgagor, but before UNB affirmatively asserted its rights. Because the priority a first mortgagee otherwise enjoys does not apply to income and profits due the mortgaged property, PNC may retain the rents it collected before UNB filed its foreclosure...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases