271 N.J. Super. 56 - RTC v. Berman Industries’s Empirical Analysis

Citation profile

4 district · 9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Davis’s fourth separate defense asserts the entire controversy doctrine as a bar to the litigation. Rule 4:64-5 specifically precludes the joinder of non-germaine [sic] claims, such as those arising under guarantees, in proceedings for the foreclosure of mortgages. A foreclosure action is purely quasi in rem, affording relief only against the secured property. A suit on the bond or note, however, is in personam. A foreclosure judgment is res judicata as to the amount of the unpaid obligation secured by the mortgage, but not as to an obligor’s liability for any deficiencies.... Accordingly, there is no legal basis upon which this defense may be legitimately asserted.”

   1 later decision quote this exact passage
   e.g. In Re Karagiannis

2. “In this case, the mortgage debt is over $640,000. The sheriffs sale realized $100, bid by the plaintiff. The RTC’s appraisal obtained approximately four months prior to the sheriffs sale, valued the property at $375,000. Under these circumstances, to deny Davis the opportunity for a fair market value credit merely because he is a guarantor on a note secured by commercial property would be to elevate form over substance. In this case, equitable principles preclude such a result.”

   1 later decision quote this exact passage
   e.g. In Re Karagiannis