Mooney v. Provident Savings Bank

McGANN, J.S.C., retired and temporarily assigned on recall.

Plaintiffs, Mooney (husband and wife) bring this action to cancel of record four open mortgages which cloud the title to their residence located at 510 West End Avenue, Avon, New Jersey. Three of those mortgages are in the name of The Provident Savings Bank (hereinafter “Provident”) and one in the names of the Dioguardis (husband and wife). The applicable statute, N.J.S.A. 2A:51-1 provides (as pertinent to the facts of this case) as follows:

2A:51-1. When authorized; proof required. Where a mortgage on real estate .... is recorded in…