Mooney v. Provident Savings Bank

Defendants, William and Esther Dioguardi, appeal from that portion of the order discharging their mortgage on the property known as 510 West End Avenue, Avon, New Jersey and denying their motion to dismiss plaintiffs’ complaint.

We affirm substantially for the reasons expressed in Judge McGann’s well-reasoned opinion, Mooney v. The Provident Savings Bank, 308 N.J.Super. 195, 705 A.2d 816 (Ch.Div.1997). We agree that the equitable considerations found to exist by Judge McGann allowed him to depart from the warranty of title theory adhered to in Old Republic Insurance Co. v. Currie, 284…