Legal Opinion
United States v. Caprice
District Court, D. New Jersey
Decided December 11, 1974No. Civ. No. 988-69PublishedCited by 3 opinions
1Opinion of the Court
BIUNNO, District Judge.
In this mortgage foreclosure case, the mortgage debtor raises two points, the application of which depends on whether New Jersey law governs.
One is N.J. Court Rule 4:27-2, which by the exception referring to N.J.S. 2A:50-2, forbids joinder in one action of the remedy of foreclosure of the mortgage and the remedy of a deficiency money judgment on the bond if the proceeds of sale do not satisfy the debt. (The exception probably should refer to N.J.S. 2A:50-1, or to both sections).
The second is whether the mortgage debtor is entitled here to have the deficiency judgment…
2Cases cited10 opinions
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- United States v. ShimerSupreme Court of the United States · 1961
- Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
- 79-83 Thirteenth Avenue, Ltd. v. DeMarcoSupreme Court of New Jersey · 1965
- Clarke v. PierceMassachusetts Supreme Judicial Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Walter E. Heller & Co. v. O/S Sonny V.Court of Appeals for the Fifth Circuit · 1979
- Pawtucket Credit Union v. M/Y Sea Rayna (Official No. 1101693)District Court, D. Connecticut · 2022
- Walter Heller and Company v. SonnyCourt of Appeals for the Fifth Circuit · 1979