Legal Opinion

Jacoby v. Eseo

New Jersey Superior Court Appellate Division

Decided March 13, 2000PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

CARCHMAN, J.A.D.

This appeal requires us to interpret a provision of N.J.S.A. 22A:4-8 (the statute) and determine the Sheriffs entitlement to fees after a foreclosure sale has resulted in a default by the high bidder and forfeiture of a deposit. We conclude, as did Judge Gibson in the Chancery Division, that the Sheriff is entitled to a commission on the amount of the forfeited deposit rather than the bid amount.

The facts are not in dispute. Plaintiffs Andrew Jacoby and Carolyn Jacoby sold real property located in Atlantic City to defendant Benigno Eseo…

2Cases cited10 opinions

  1. Merin v. MaglakiSupreme Court of New Jersey · 1992
  2. Wollen v. Borough of Fort LeeSupreme Court of New Jersey · 1958
  3. Jimenez v. BaglieriSupreme Court of New Jersey · 1998
  4. International Broth. of Elec. Workers v. GillenNew Jersey Superior Court Appellate Division · 1980
  5. Gallo v. Mayor and Tp. CouncilNew Jersey Superior Court Appellate Division · 2000

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Dobin v. Washington Mutual Bank, F.A. (In Re Loehwing)United States Bankruptcy Court, D. New Jersey · 2005
  2. Regency Savings Bank v. Southgate Corporate Office CenterNew Jersey Superior Court Appellate Division · 2006
  3. SB BUILDING ASSOCIATES LTD PARTNERSHIP v. IRON MOUNTAIN INFORMATION MGMT., LLCDistrict Court, D. New Jersey · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API