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Old Republic Insurance Co. v. Currie

Superior Court of New Jersey
665 A.2d 1153 (1995)


Facts

Allen Currie (defendant) owned a property subject to multiple mortgages. Old Republic Insurance Company (Old Republic) (plaintiff) held a junior mortgage. Currie filed for bankruptcy, and on December 4, 1978, the bankruptcy court entered a judgment for Old Republic. Subsequently, the senior mortgagee foreclosed on the property, and Currie lost his title. In 1981, Currie reacquired the property. In April 1984, Old Republic learned of Currie’s reacquisition. On August 10, 1994, Old Republic brought suit to recover the amount fixed in the bankruptcy court judgment. Old Republic claimed that Currie’s reacquisition of the property revived its mortgage and that it was entitled to the bankruptcy judgment amount plus interest.

Rule of Law

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Issue

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Holding and Reasoning (Boyle, J.)

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  • 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.).

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