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Wednesday, September 9, 2015

ROSENTHAL & ROSENTHAL, INC. VS. VANESSA BENUN, ET AL. A-2890-13T3

ROSENTHAL & ROSENTHAL, INC. VS. VANESSA BENUN, ET AL. 
A-2890-13T3 

In this foreclosure action, applying the common law rules of priority for future advance mortgages, Riker Danzig's later-recorded mortgage has priority over the earlier-recorded mortgages of Rosenthal & Rosenthal because Rosenthal & Rosenthal made optional, not obligatory, advances to the debtor with actual knowledge of Riker Danzig's mortgage.