Legal Opinion
City Federal Savings & Loan Ass'n v. Jacobs
New Jersey Superior Court Appellate Division
Decided February 10, 1983PublishedCited by 5 opinions
1Opinion of the Court
The opinion of the court was delivered by
J.H. COLEMAN, J.A.D.
The issue raised by this appeal is whether a mortgagee which obtains a judgment of foreclosure can be compelled to take possession of the property and maintain same before the Sheriff’s sale. The Chancery Division judge ordered plaintiff to take possession as of January 19, 1983. We previously stayed that order. We now reverse the order of possession.
A brief review of the procedural background and facts giving rise to this appeal is helpful to a resolution of the pivotal issue. In 1966 Benjamin and Clara Jacobs (defendants) executed…
2Cases cited3 opinions
- Feldman v. Urban Commercial, Inc.New Jersey Superior Court Appellate Division · 1960
- GUTTENBERG S. & L. ASS'N, CORP. v. RiveraSupreme Court of New Jersey · 1981
- Kirkeby Corp. v. Cross Bridge Towers, Inc.New Jersey Superior Court Appellate Division · 1966
3Cited by5 opinions
- Midlantic National Bank v. Bridge (In re Bridge)Court of Appeals for the Third Circuit · 1994
- In Re BridgeCourt of Appeals for the Third Circuit · 1994
- McCorristin v. Salmon SignsNew Jersey Superior Court Appellate Division · 1990
- Jackson Tanker Corp. v. Hartz Mountain Industries, Inc. (In Re Jackson Tanker Corp.)United States Bankruptcy Court, S.D. New York · 1987
- CITY FEDERAL S. & L. ASS'N v. JacobsNew Jersey Superior Court Appellate Division · 1983