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Legal Opinion

Pulawski Savings & Loan Ass'n v. Aguiar

New Jersey Superior Court Appellate Division

Decided February 22, 1980PublishedCited by 6 opinions

1Opinion of the Court

DREIER, J. S. C.

The motion before the court seeks distribution of surplus monies remaining after payment to plaintiff, the foreclosing mortgagee. Distribution of these funds requires an adjudication of priorities among various judgment creditors, a purchaser and mortgagee. Although this is not a case of first impression, the circuity problem presented herein has not been directly considered in a reported opinion in the last 75 years.

Defendants Joseph Aguiar and Patricia Aguiar (allegedly married) took title to the premises in question on September 23, 1975 as tenants by the entirety. Prior to…

2Cases cited5 opinions

  1. Reilly v. PerehinysNew Jersey Superior Court Appellate Division · 1954
  2. Silver v. WilliamsNew Jersey Superior Court Appellate Division · 1962
  3. Fort Lee Savings & Loan Ass'n v. LibuttiNew Jersey Superior Court Appellate Division · 1969
  4. In Re Holly Knitwear, Inc.New Jersey Superior Court Appellate Division · 1976
  5. Silver v. WilliamsNew Jersey Superior Court Appellate Division · 1961

3Cited by6 opinions

  1. New Brunswick Savings Bank v. MarkouskiSupreme Court of New Jersey · 1991
  2. Manzo v. Shawmut Bank, NANew Jersey Superior Court Appellate Division · 1996
  3. Wolfson v. BonelloNew Jersey Superior Court Appellate Division · 1994
  4. In Re McKeonUnited States Bankruptcy Court, D. New Jersey · 1988
  5. PULAWSKI S. & L. ASS'N v. AguiarNew Jersey Superior Court Appellate Division · 1980

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