110-112 Van Wagenen Avenue Co. v. Julian

The opinion of the court was delivered by

Lewis, J. A. D.

Plaintiff’s action to recover the amount due on a bond secured by a second real estate mortgage on property in Hudson County, whose lien had been extinguished by the foreclosure of a prior mortgage, was dismissed by the trial court on motion of defendants Julian.

The foreclosure sale took place on February 24, 1966. Plaintiff’s suit was instituted on November 16, 1966, well within the time limit under N. J. S. 2A :50-8. The trial court’s decision was based on the fact that plaintiff had not *233filed in the office of the Register of Hudson…