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JACKSON v. HSBC BANK USA

922 A.2d 750 (2007)

393 N.J. Super. 1

Ella JACKSON, Thomas Nasce, and Julia Nasce, Plaintiffs-Respondents/Cross-Appellants, v. HSBC BANK USA, Successor in Interest to Republic National Bank of New York, Defendant-Appellant/Cross-Respondent, and RTL Partners, L.P., Glenriver, Inc., and Tax Lien Service Corporation, Defendants. HSBC Bank USA, Successor in Interest to Republic National Bank of New York, Third-Party Plaintiff, v. RTL Trust, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 2007.

Attorney(s) appearing for the Case

Gerald A. Liloia, Morristown, argued the cause for appellant/cross-respondent (Riker Danzig Scherer Hyland & Perretti, attorneys; Mr. Liloia, of counsel; Mr. Liloia and David R. Hausmann, on the brief).

Jeffrey W. Herrmann, Saddle Brook, argued the cause for respondents/cross-appellants (Cohn Lifland Pearlman Herrmann & Knopf, and Greenberg Dauber Epstein & Tucker, and Lawrence S. Klitzman, attorneys; Mr. Herrmann, Russell S. Burnside, and Mr. Klitzman, of counsel and on the brief).

Keith A. Bonchi, Atlantic City, argued the cause for amicus curiae Tax Collectors and Treasurers Association of New Jersey (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, attorneys; Mr. Bonchi, on the brief).

Before Judges COBURN, AXELRAD and R.B. COLEMAN.

The opinion of the court was delivered by

COBURN, P.J.A.D.

In 2000, plaintiffs, who are real estate property owners in a number of municipalities, filed this class action lawsuit. They alleged that defendant HSBC Bank USA ("HSBC"), which held tax sale certificates ("TSCs") on their properties, had violated the Tax Sale Law, N.J.S.A. 54:5-1 to -137 ("TSL").1

More specifically, they challenged the private installment...

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