Connell v. American Funding Ltd.
New Jersey Superior Court Appellate Division
1Opinion of the Court
LESEMANN, J.S.C.
Cross motions for summary judgment in this case raise an unresolved question as to the consequence of a lender’s noncompliance with the provisions of the Secondary Mortgage *412Loan Act, N.J.S.A. 17:11A-34 et seq. (hereinafter “the Act”).1 Section 58 of that statute, N.J.S.A. 17:11A-58, says that the obligation of a borrower arising out of a secondary mortgage loan “shall be void and unenforceable” unless the loan was executed in full compliance with the act. It has already been held that those words mean just what they say: if a loan is subject to the act, and there was not full…
2Cases cited19 opinions
- Peper v. Princeton University Board of TrusteesSupreme Court of New Jersey · 1978
- West Jersey Title & Guaranty Co. v. Industrial Trust Co.Supreme Court of New Jersey · 1958
- David v. Vesta Co.Supreme Court of New Jersey · 1965
- Chamber of Commerce of the United States v. StateSupreme Court of New Jersey · 1982
- New Jersey Welfare Rights Organization v. CahillSupreme Court of the United States · 1973
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3Cited by7 opinions
- Nye v. Ingersoll-Rand Co.District Court, D. New Jersey · 2011
- C.R. v. J.G.New Jersey Superior Court Appellate Division · 1997
- Grant W. Morgan v. Raymours Furniture Company, Inc.New Jersey Superior Court Appellate Division · 2016
- Connell v. American Funding Ltd.New Jersey Superior Court Appellate Division · 1989
- Monmouth County Division of Social Services v. R.K.New Jersey Superior Court Appellate Division · 2000
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