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1 PHOENIX PINELANDS CORPORATION v. HARRY DAVIDOFF -- rank: 1000

Original Wordprocessor Version (NOTE: The status of this decision is Published.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2823-16 PHOENIX PINELANDS CORPORATION, a New Jersey Corporation, APPROVED FOR PUBLICATION Plaintiff-Respondent, April 29, 2021 APPELLATE DIVISION v ...

docket:	a2823-16
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Published
citation:
Document Size:	302360

2 JACOB M. DEUTSCH v. IEDU TECHNOLOGY, LLC -- rank: 888

... A. 46:22-1, which was repealed in 2012, and N.J.S.A. 46:26A-12, for the same proposition. The latter statute states: A deed ... conveyance is evidenced by a document that is first recorded. [N.J.S.A. 46:26A-12.] He continued: A-1541-21 5 [I]f you look ... 14 N.J. Eq. 229, 234 (N.J. Ch. 1862). N.J.S.A. 46:26A-12(c) states: 'A deed or other conveyance of an interest ... We part ways with the motion judge's interpretation of N.J.S.A. 46:26A- 12(c). The statute does not stand for the proposition that ... J. 175, 203 (2015). The motion judge's interpretation of N.J.S.A. 46:26A-12(c), as applied to N.J.S.A. 31:1 ... bona fide purchasers, subsequent judgment creditors, and purchasers for value. N.J.S.A. 46:26A-12. The motion judge's ruling expanded the statute, rendering ...

docket:	a1541-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-23
status:	Unpublished
citation:
Document Size:	24020

3 GE MONEY MORTGAGE HOLDING COMPANY, LLC v. PEGGY ANN MONDICS -- rank: 872

... and judgment creditors' of the execution of the document recorded. [ N.J.S.A.] 46:26A-12(a). Moreover, a claim under a recorded document affecting the ... to the effect of a document that was later recorded . . . .' [ N.J.S.A.] 46:26A-12(b). Plaintiff also filed a lis pendens in connection with ...

docket:	a0834-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	30640

4 METROPOLITAN NATIONAL BANK v. ROBIN JEMAL -- rank: 872

... 22-1 was superseded as of May 1, 2012, by N.J.S.A. 46:26A-12, which retains the use of the term "notice." N.J.S.A. 46:26A-12(c) now provides that "[a] claim under a recorded document ...

docket:	a0003-12
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	24642

5 INDIAN FIELD HOMEOWNERS ASSOCIATION, INC v. MR. FRANK CICERALE -- rank: 864

... the 4th Amendment Are Each 'A Recorded Document' Contemplated by N.J.S.A. 46:26A-12 ii. The Trial Court Already Ruled, using Logic & Elementary Deduction ... of the execution of the document recorded and its contents.' N.J.S.A. 46:26A-12(a). 'A claim under a recorded document affecting the title ... was on notice of the later recorded or unrecorded document.' N.J.S.A. 46:26A-12(b). As a threshold matter, it is undisputed that plaintiff ...

docket:	a3687-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-09
status:	Unpublished
citation:
Document Size:	56161

6 NEW YORK MORTGAGE TRUST 2005-3 MORTGAGE BACKED NOTES, v. ANTHONY E. DEELY -- rank: 841

... v. RKA Corp., 164 N.J. 487, 496 (2000)). Accord N.J.S.A. 46:26A-12(b). As a corollary to that rule, '[l]enders and ...

docket:	a1261-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Published
citation:
Document Size:	29858

7 FULTON BANK OF NEW JERSEY v. CASA ELEGANZA, LLC -- rank: 841

... of the execution of the document recorded and its contents.' N.J.S.A. 46:26A-12(a). As noted, the declaration may also create a homeowners ... case is not whether pursuant to the race-notice statute, N.J.S.A. 46:26A-12, the HOA exists because it was named in the mortgage ...

docket:	a2859-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-11
status:	Published
citation:
Document Size:	32387

8 RRR NEWGEN, LLC v. RESOL53 LLC -- rank: 822

... modification. The relevant portion of our recording statute, codified at N.J.S.A. 46:26A- 12, states in part that '[a]ny recorded document affecting the ... all subsequent purchasers . . . of the document recorded and its contents.' N.J.S.A. 46:26A-12(a). The statute also addresses unrecorded documents and states '[a ... was on notice of the later recorded or unrecorded document.' N.J.S.A. 46:26A-12(b) (emphasis added). '[P]arties are [therefore] generally charged with ...

docket:	a3867-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-27
status:	Unpublished
citation:
Document Size:	53108

9 LIDIA BRANCO v. FRANCISCO ANDRE -- rank: 803

... as such generally rewards those who record their deeds first. N.J.S.A. 46:26A- 12(a)-(c); Cox v. RKA Corp., 164 N.J. 487 ... all subsequent purchasers, mortgagees and judgment creditors' of its execution. N.J.S.A. 46:26A-12(a). 'A deed or other conveyance of an interest in ... conveyance is evidenced by a document that is first recorded.' N.J.S.A. 46:26A-12(c). Lidia possesses a recorded deed satisfying both the Statute ... J.S.A. 25:1-11, and the recording statute, N.J.S.A. 46:26A-12. Defendants argue '[Jose's] actions in not informing [Lidia] of ...

docket:	a3030-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:	Published
citation:
Document Size:	24485

10 RMAJESTY BANKTRUCKFIT SOLUTIONS, INC., v. CITY OF ATLANTIC CITY, -- rank: 791

... of the execution of the document recorded and its contents. N.J.S.A. 46:26A-12(a). Unless actual notice of an unrecorded document is shown ... creditors, and bona fide purchasers and mortgagees for valuable consideration. N.J.S.A. 46:26A-12(c). See Pearson v. DMH 2 L.L.C., 449 ...

docket:	11899-19
court:	NJ Tax Court
decided:	2020-09-15
status:	Unpublished
citation:
Document Size:	23216

11 U.S.BANK NATIONAL ASSOCIATION v. GERALDINE WISHNIA, -- rank: 787

... of the execution of the document recorded and its contents.' N.J.S.A. 46:26A- 12(a). A mortgage 'shall be of no effect against subsequent ... conveyance is evidenced by a document that is first recorded.' N.J.S.A. 46:26A-12(c). 'By those enactments, New Jersey is considered a 'race ...

docket:	a1706-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-07
status:	Unpublished
citation:
Document Size:	39890

12 SOMERVILLE TIC II, LLC v. DAVID HAY, -- rank: 729

... N.J. Super. 104, 108 (App. Div. 1990)). Furthermore, under N.J.S.A. 46:26A-12, 'Any recorded document affecting the title to real property is ... of the execution of the document recorded and its contents.' N.J.S.A. 46:26A-12(a). However, the language of N.J.S.A. 46:26A-12 has questionable applicability here. Where a plain reading of the ...

docket:	a3863-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-20
status:
citation:
Document Size:	25807

13 RANJIT BENIPAL v. TRI-STATE PETRO, INC. and AMAR GILL -- rank: 683

... the execution of the document recorded and its co ntents.' N.J.S.A. 46:26A-12(a) (emphasis added). The statute is silent, however, as to ... owners of a property interest. Accordingly, the plain language of N.J.S.A. 46:26A-12 has questionable applicability here. Put another way, we are uncertain ...

docket:	a0894-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-04
status:	Unpublished
citation:
Document Size:	18666

14 DITECH FINANCIAL, LLC v. CAROL N. MIGLIACCIO -- rank: 675

... of the execution of the document recorded and its contents.' N.J.S.A. 46:26A-12(a). A-0478-18T4 4 New Jersey is a 'race ...

docket:	a0478-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-11
status:	Unpublished
citation:
Document Size:	21926

15 WELLS FARGO BANK, N.A v. LOUIS CICENIA and MRS. LATEF wife of Zafer Latef and ZAFER LATEF and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for METLIFE HOME LOANS -- rank: 660

... of the execution of the document recorded and its contents.' N.J.S.A. 46:26A-12(a). A party is presumed to be a bona fide ...

docket:	a2189-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
status:
citation:
Document Size:	25793