The New Jersey Appellate Division, in a published opinion, recently held that in certain instances, a recorded homeowners’ declaration of covenants can trump a prior mortgage. See Fulton Bank of N.J. v. Casa Eleganza, LLC, 473 N.J. Super. 387 (App. Div. 2022). In Casa Eleganza, Plaintiff Fulton Bank of New Jersey (“Plaintiff”) acquired title via mortgage foreclosure sale to a portion of the residential community Iron Gate at Galloway (“the Property”). Read the article………………………..
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