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Vecchio v. Chartoire

July 25, 2008

ROBERT DEL VECCHIO, TRUSTEE OF THE ROBERT DEL VECCHIO PENSION TRUST, PLAINTIFF-RESPONDENT,
v.
BARBARA LEE CHARTOIRE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MARION D. RICHARD, MR. CHARTOIRE, HUSBAND OF BARBARA LEE CHARTOIRE, AND THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. CHERRYSTONE BAY, LLC, PROPOSED INTERVENOR-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Bergen County, F-13004-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 9, 2008

Before Judges Axelrad and Payne.

Cherrystone Bay, LLC, the Proposed intervenor in a tax sale foreclosure action instituted by plaintiff Robert Del Vecchio, trustee of the Robert Del Vecchio Trust, against property owner Barbara Lee Chartoire, individually and as executrix of the estate of Marion D. Richard, appeals from the January 2, 2007 order of the Chancery Division 1) denying Cherrystone's motion to intervene and redeem; 2) granting the motion of Del Vecchio to impose a constructive trust on the contract between Cherrystone and Chartoire; 3) voiding the recordation, on November 14, 2006, of the deed conveying the Fort Lee property owned by Chartoire to Cherrystone; 4) requiring that any redemption monies paid to the municipal tax collector be returned to Cherrystone; and 5) staying the matter pending appeal while prohibiting encumbrance or alienation of the property and permitting Chartoire to remain in the premises pending the outcome of this appeal.

On appeal, Cherrystone presents the following arguments:

POINT I

Cherrystone's application should not have been denied as untimely, since the motion was attempted to be filed on the same date as redemption, and since the public policy rationale for the motion was fully satisfied.

POINT II

The redemption has not yet occurred.

POINT III

The sale exceeded nominal consideration.

POINT IV

The Plaintiff failed to comply with N.J.S.A. 54:5-98, and thus this statute cannot be used as a ...


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