Case Law Summaries

Zepf v. Hilton Hotel & Casino

PREMISES LIABILITY; SECURITY—A business owner may be liable to employees and others for criminal acts occurring on the sidewalks adjacent to or leading to the business’ property.

• Opinion Date: December 20, 2001
• Real Property Law

Houck v. Day

PREMISES LIABILITY; RES IPSA LOQUITUR—Where a defective part of an owner’s property is not in its exclusive control, a res ipsa jury instruction is inappropriate.

• Opinion Date: October 5, 2001
• Real Property Law

In re Matter of the Adoption of Amendments to N.J.A.C. 5:93-1.3 and 5:93-5.3

MOUNT LAUREL; AFFORDABLE HOUSING—Amendments to affordable housing regulations that merely raise the possibility of delays in achieving Mount Laurel goals are not facially unconstitutional.

• Opinion Date: April 10, 2001
• Real Property Law

Mount Olive Complex v. Township of Mount Olive

MOUNT LAUREL—Where there is a significant change in facts or law, a municipality may modify a Mount Laurel judgment of compliance providing that the modification is suitably tailored to the changed circumstance.

• Opinion Date: June 4, 2001
• Real Property Law

Mellon Mortgage Co. v. Allen

MORTGAGES; TRUTH-IN-LENDING—The truth-in-lending rescission period expires after three years and cannot be used thereafter as a defense to a foreclosure action.

• Opinion Date: January 3, 2001
• Real Property Law

New Jersey National Bank v. Burrascano

MORTGAGES; SETTLEMENTS—A homeowner’s failure to comply with the terms of a consent settlement that was filed in its own bankruptcy proceeding cannot have the resultant foreclosure sale set aside on the ground that it can now raise the necessary redemption funds.

• Opinion Date: July 2, 2001
• Real Property Law

First National Bank of Chicago v. Bridgeton Municipal Port Authority

MORTGAGES; PORT AUTHORITIES—The statutory exemption from levy and sale by virtue of an execution against property owned by municipal port authorities bars foreclosure of a consensual mortgage on that property.

• Opinion Date: March 23, 2001
• Real Property Law

JHM Acquisitions, L.P. v. Winkler

MORTGAGES; GUARANTIES—There is nothing barring a lender from obtaining additional security for pre-existing loans when advancing new funds on a later loan.

• Opinion Date: April 4, 2001
• Real Property Law

Brunswick Bank and Trust Company v. Maltese

MORTGAGES; FUTURE ADVANCES—A note may be secured by a future advance clause in a mortgage even when the debt for which the mortgage was originally granted had been fully paid.

• Opinion Date: October 25, 2001
• Real Property Law

Norwest Bank Minnesota, N.A. v. Edgar

MORTGAGES; FORECLOSURE; SURPLUS FUNDS—One who purchases a property from its owner, for value, during the pendency of foreclosure proceedings is entitled to any surplus sale proceeds even if the buyer, itself, is the successful bidder.

• Opinion Date: December 5, 2001
• Real Property Law