Legal Opinion
Independence One Mortgage Corp. v. Gillespie
New Jersey Superior Court Appellate Division
Decided March 27, 1996PublishedCited by 5 opinions
1Opinion of the Court
The opinion of the court was delivered by
KEEFE, J.A.D.
The sole issue presented on appeal is whether a sheriffs sale conducted at 11:00 a.m. in accordance with the advertised *93notice of sale, but in violation of N.J.S.A. 2A:61-4 which requires such sales to be conducted between the hours of 12:00 noon and 5:00 p.m., is void or merely voidable. Defendant Cora T. Gillespie, the mortgagor of the foreclosed premises, relying on Empire of Am. Realty v. Mancine, 280 N.J.Super. 617, 656 A.2d 66 (Ch.Div. 1994), contends that the sale was void and of no effect. Plaintiff mortgagee contends that the sale…
2Cases cited3 opinions
- Bauer v. City of NewarkSupreme Court of New Jersey · 1951
- De Muro v. MartiniSupreme Court of New Jersey · 1949
- Empire of America Realty Credit Corp. v. MancineNew Jersey Superior Court Appellate Division · 1994
3Cited by5 opinions
- CITY COUNCIL OF THE CITY OF ORANGE TOWNSHIP VS. WILLIS EDWARDS, III (L-1805-13, ESSEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
- Gonzalez v. BD. OF ED., UNION CTY.New Jersey Superior Court Appellate Division · 1999
- Bangerter v. PettyCourt of Appeals of Utah · 2010
- Nickerson v. City of NewarkNew Jersey Superior Court Appellate Division · 1987
- Borough of Caldwell v. Cozzarelli Cirminiello Architects, LLCNew Jersey Superior Court Appellate Division · 2025