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Herdelin v. Sherlock

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


December 30, 2009

ROBERT HERDELIN, PLAINTIFF-RESPONDENT,
v.
WILLIAM F. SHERLOCK AND PATRICIA A. SHERLOCK, HIS WIFE, DEFENDANTS-APPELLANTS.

On appeal from the Superior Court of New Jersey, Chancery Division, Cape May County, Docket No. F-12842-04.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 10, 2009

Decided November 25, 2009

Supplemental Opinion - Decided December 30, 2009

Before Judges Fuentes, Gilroy and Simonelli.

This opinion supplements and amends our opinion, dated November 25, 2009. After release of our opinion, plaintiff filed a motion for reconsideration seeking a modification of our decision to set aside the title plaintiff obtained to the subject property through a sheriff's sale, and directing that another sheriff's sale take place in the event defendants were unable to exercise their right of redemption. After considering plaintiff's argument in support of his motion, we remand this matter to the trial court to determine the amount necessary to redeem the subject property and whether or not that amount shall include out-of-pocket costs for maintenance, repair, upkeep and insurance incurred by plaintiff in the period between the issuance of the sheriff's deed and the date of the remand hearing. The trial court shall also set a reasonable time period for defendants to redeem the property. If defendants do not redeem the property within the time set by the court, then plaintiff shall retain title pursuant to the previous sheriff's sale in this matter.

Remanded. We do not retain jurisdiction.

20091230

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