Search Rutgers Law Library N.J. Court Opinions

1 Lazarus v. Tawil -- rank: 1000

... cited by the parties, 15 the court is mindful of N.J.S.A. 46:9-8.2, which declares that “the priority of the lien ... the “modification” here might not have been encompassed by N.J.S.A. 46:9-8.2. The word “modification” as used in N.J.S.A. 46:9-8.2 is limited by the definition of “modification” that appears in N.J.S.A. 46:9-8.1(d); that is, the former statute dictates the priorities ... undergone “a modification, as defined by this act,” N.J.S.A. 46:9-8.2 (emphasis added), and the precise meaning of the “modification” referred to in N.J.S.A. 46:9-8.2 is contained in N.J.S.A. 46: ...

docket:	lazarus-v-tawil-20240524
court:	trial
decided:	2024-05-29
status:	Unpublished
citation:
Document Size:	42515

2 Rosenthal & Rosenthal, Inc., v. Vanessa Benun, et al. -- rank: 949

... pp. 15-24) 3. New Jersey’s mortgage-priority statute, N.J.S.A. 46:9-8 to -8.5, preserves priority only for future advances made ... argues that the legislative history of the mortgage-priority statute, N.J.S.A. 46:9-8.1 and -8.2, plainly indicates that the Legislature intended ... at 528. B. New Jersey’s current mortgage-priority statute, N.J.S.A. 46:9-8 to -8.5, grew out of 1985 legislation that was ... by the mortgagee pursuant to the terms of the mortgage. [ N.J.S.A. 46:9-8.2 (emphasis added).] The statutory definition of “modification” includes ... of principal made pursuant to the line of credit[.]” N.J.S.A. 46:9-8.1(d)(1) and (2) (emphasis added). A “line ... of credit to a borrower from time to time.” N.J.S.A. 46:9-8.1(c) (emphasis added). The statutory scheme thus preserves ...

docket:	A-6-15
court:	NJ Supreme Court
decided:	2016-07-21
status:
citation:	226 N.J. 41 140 A.3d 547
Document Size:	95176

3 ROSENTHAL & ROSENTHAL, INC v. VANESSA BENUN -- rank: 818

... was not abrogated by the Legislature's 1985 enactment of N.J.S.A. 46:9-8.1 to -8.5 and the amendments to those statutes ... 29 New Jersey Practice, Law of Mortgages § 10.13. N.J.S.A. 46:9-8.2 states in pertinent part: Notwithstanding any other law to ... and which is secured by an interest in real property." N.J.S.A. 46:9-8.1(a) (emphasis added). That definition applies to Rosenthal's ... conditions of a mortgage loan except an advance of principal . . . ." N.J.S.A. 46:9-8.1(d)(1) (emphasis added). As argued by Riker, the ... They were granted on a "mortgage loan" as defined in N.J.S.A. 46:9-8.1(a). Rosenthal argues that Riker was on notice of ... actual notice requirement of Ward ). 4 After the 1998 amendment, N.J.S.A. 46:9-8.1(d) states in full: "Modification" means: (1) With ...

docket:	a2890-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-17
status:	published
citation:	441 N.J.Super. 184 117 A.3d 191
Document Size:	42500

4 DITECH FINANCIAL, LLC v. CAROL N. MIGLIACCIO -- rank: 477

... mortgage was not a mere 'modification' of the 2001 mortgage. N.J.S.A. 46:9-8.1(d)(1) defines 'modification,' in part, to mean: '[w ...

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

5 THE DIME SAVINGS BANK OF NEW YORK v. DIANA RIETHEIMER -- rank: 372

... outweighed by the general policies underlying the property recording statute, N.J.S.A. 46:9-8, that affords purchase money mortgagees with priority liens. It argues ...

docket:	a2323-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-02
status:	unpublished
citation:
Document Size:	81911