Legal Opinion

Hardyston National Bank v. Tartamella

Supreme Court of New Jersey

Decided July 14, 1970PublishedCited by 55 opinions

1Opinion of the Court

The opinion of the court was delivered by

Weintraub, C. J.

The trial court held a mortgagor had an unqualified right to redeem the property within the ten-day period provided by B. 4:65-5 for objections to- the sheriff’s sale. We certified the appeal of the successful bidder before argument in the Appellate Division.

There appear to be but four reported decisions in which the question whether a mortgagor has an absolute right to redeem before confirmation was either mentioned or decided.

The question was expressly left open in Union Building and Loan Ass’n v. Childrey, 97 N. J. Eg. 20, 24 (Ch.…

2Cases cited5 opinions

  1. Pennsylvania Co. for Insurances on Lives & Granting Annuities v. Broad Street HospitalSupreme Court of Pennsylvania · 1946
  2. Citizens Loan & Savings Co. v. StoneOhio Court of Appeals · 1965
  3. Hodgkinson v. HartwellCourt of Appeals of Texas · 1920
  4. Pope v. WyldsSupreme Court of Arkansas · 1924
  5. Holloway, Et Ux. v. SewellSupreme Court of Florida · 1939

3Cited by55 opinions

  1. In Re Cynthia WARD, Debtor-Appellee. Appeal of BOWEST CORPORATIONCourt of Appeals for the Third Circuit · 1988
  2. In Re ConnorsCourt of Appeals for the Third Circuit · 2007
  3. Matter of MullarkeyUnited States Bankruptcy Court, D. New Jersey · 1987
  4. McGrath v. Simon (In Re McGrath)United States Bankruptcy Court, D. New Jersey · 1994
  5. CARTERET SAV. AND LOAN ASS'N, FA v. DavisSupreme Court of New Jersey · 1987

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