Legal Opinion · Concurring in part, dissenting in part
Cox v. RKA CORP.
Supreme Court of New Jersey
Decided June 30, 2000Published
1Concurring in part, dissenting in partStein, J.
The Court has determined that as between contract' purchasers of property who make non-obligatory payments under their contract, and construction lenders with knowledge of that contract, *516the recorded lien of the construction lenders is superior and has priority over a vendee’s common law lien for those non-obligatory payments. The Court concludes that the underlying purpose of New Jersey’s Recording Statutes, N.J.S.A. 46:21-1 and 46:22-1, requires that result. I disagree with today’s ruling, pursuant to which contract purchasers who make non-obligatory payments to their builder subsequent to…
2Cases cited36 opinions
- Wayne Building & Loan Co. v. YarboroughOhio Supreme Court · 1967
- Palamarg Realty Company v. RehacSupreme Court of New Jersey · 1979
- Freese Leasing, Inc. v. Union Trust & Savings Bank, StanwoodSupreme Court of Iowa · 1977
- Potwin State Bank v. WardSupreme Court of Kansas · 1958
- Housing Mortgage Corp. v. Allied Construction, Inc.Supreme Court of Pennsylvania · 1953
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