IN RE MARMAROU, 162 N.J. 50 (1999)

739 A.2d 409

IN THE MATTER OF STEVEN J. MARMAROU, AN ATTORNEY-AT-LAW.

Supreme Court of New Jersey.
October 18, 1999.

CONSENT ORDER
THIS MATTER, having been opened to the Court by DAVID E. JOHNSON, JR., Director, Office of Attorney Ethics, and with the consent of the Respondent, Steven J. Marmarou, of Somerdale and Anthony P. Costa, Respondent’s Counsel and it appearing that the Office of Attorney Ethics and Respondent having agreed to Respondent being temporarily suspended from the practice of law, together with the additional relief provided in this Order, pending final disposition of all ethics grievances before the District XIV Ethics Committee,

IT IS ORDERED that:

1. Steven J. Marmarou of Somerdale, admitted to practice in this state in 1981, is temporarily suspended from the practice of law, effective immediately, pending final determination of all grievances, and until further Order of the Court.

2. Steven J. Marmarou is hereby restrained and enjoined from practicing law during the period of suspension.

3. Steven J. Marmarou shall comply with R. 1:20-20, governing suspended, disbarred or resigned attorneys.

/s/ Steven J. Marmarou
Steven J. Marmarou, Respondent

/s/ Anthony B. Costa
Anthony B. Costa, Respondent’s Counsel

/s/ David E. Johnson, Jr.
David E. Johnson, Jr., Director Office of Attorney Ethics

On appeal from the Superior Court, Appellate Division.

Timothy A. Kalas argued the cause for appellant (Bourne, NollKenyon, attorneys; James R. Ottobre, of counsel; MichaelO’B. Boldt, on the briefs).

Lee David Medinets argued the cause for respondent.

PER CURIAM

The issue raised in this appeal is whether a real property tax lien constitutes a “lien or encumbrance” within the meaning ofN.J.S.A. 2A:61-16. That statute allows a purchaser at a sheriff’s sale to be relieved of a bid, before delivery of the deed, if the notice of sale fails to list any lien or encumbrance on the property. A majority in the Appellate Division concluded that a real estate tax lien falls within the scope of the statute and allowed the purchaser to withdraw its bid. The case is before us by virtue of a dissent in the Appellate Division. R. 2:2-1(a). With two slight modifications, we affirm the judgment of the Appellate Division substantially for the reasons expressed in the majority opinion, reported at 325 N.J. Super. 532, 740 A.2d 140 (App.Div. 199 9).

We add that a mortgagee can give notice of any existing realty tax lien by inserting the amount of delinquent realty taxes due as of a specific date in the notices and advertisements required by law. The mortgagee shall not be obligated to update the tax lien information in the event that the first scheduled date of public sale is adjourned. Because the procedure required by this case may represent a departure from the prevailing practice, this decision shall be applied to this case and to cases in which the public sale was conducted after May 19, 1998, the date when the Appellate Division rendered its decision. See Oldsv. Donnelly, 150 N.J. 424, 449-50 (1997); Crespo v. Stapf, 128 N.J. 351, 367-71 (1992).

We modify and affirm the judgment of the Appellate Division.

CHIEF JUSTICE PORITZ and JUSTICES O’HERN, STEIN, COLEMAN, and VERNIERO join in this PER CURIAM opinion. JUSTICES GARIBALDI and LONG did not participate.

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