Logourl black
From our private database of 14,100+ case briefs...

Howard Savings Bank v. Brunson

New Jersey Superior Court
582 A.2d 1305 (1990)


Facts

In January 1986, Burl Brunson (defendant) purchased a parcel of property. The deed was properly recorded and indexed. In March 1986, Brunson borrowed $50,000 from Howard Savings Bank (Howard) (plaintiff). This loan was secured by a mortgage which was properly recorded right away. However, the mortgage was not properly indexed until February 1988. In October 1987, before the Howard mortgage was properly indexed, Jesus and Celeste Ijalba (defendants), purchased the property from Brunson. The deed from Brunson to the Ijalbas was executed and delivered. The Ijalbas then executed a mortgage for the property to Chrysler First Financial Services Corporation (Chrysler). The Chrysler mortgage was properly recorded. Brunson had signed an affidavit swearing that he had not allowed the creation of any legal interest that would affect the ownership or use of the property. Based on this affidavit and a thorough title search, Chrysler procured a title insurance policy for the property. In May 1988, Howard brought a foreclosure action against the Ijalbas and Chrysler. Howard claimed that the proceeds of Brunson’s sale to the Ijalbas had not been applied to Howard’s mortgage, and that Howard’s mortgage held priority over all other property encumbrances.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Margolis, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.