Chase Manhattan Mortgage Corp. v. Spina

DAVIS, Theodore Z., P.J.Ch.

This matter has come to the attention of the court by way of plaintiffs complaint for foreclosure. An answer has been filed which challenges the priority of the lien of the plaintiffs first mortgage. The motion and cross-motion for summary judgment raise questions of priority because of the enactment of N.J.S.A. 46:8B-21, effective April 1, 1996, which creates a condominium association lien. These questions have not been addressed by any reported decision of the courts of this state, and are therefore of first impression.

The question presented is whether the…