NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court."
Although it is posted on the internet, this opinion is binding only on the
parties in the case and its use in other cases is limited. R.1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-4129-14T4
U.S. BANK, N.A. as trustee relating
to the Chevy Chase Funding LLC
Mortgage Backed Certificates,
Series 2004-3,
Plaintiff-Respondent,
v.
JOSEPH ILAN CEASAR and ANDREA
CEASAR, his wife, and each of their
heirs, devisees, and personal
representatives, and his, her,
their or any of their successors
in right, title and interest,
Defendants-Appellants.
_____________________________________________
Submitted January 18, 2017 – Decided August 7, 2017
Before Judges Suter and Guadagno.
On appeal from Superior Court of New Jersey,
Chancery Division, Bergen County, Docket No.
F-018702-14.
Joseph H. Neiman, attorney for appellants.
McCarter & English, LLP, attorneys for
respondent (Joseph Lubertazzi, Jr., of
counsel; Sheila E. Calello and Danielle
Weslock, on the brief).
PER CURIAM
Defendants Joseph Ilan Ceasar and Andrea Ceasar appeal from
a final judgment of foreclosure entered on April 22, 2015. On
appeal, defendants, who are husband and wife, do not contest
that they have defaulted on the loan and received notice of the
default. Rather, they argue that the notice of foreclosure was
deficient and plaintiff, U.S. Bank National Association, lacked
standing to foreclose. Finding no merit to any of defendants'
arguments, we affirm.
On March 21, 2003, defendants executed a note in favor of
Chevy Chase Bank, F.S.B. (CCB), for repayment of a loan in the
amount of $507,000. The note was secured by a mortgage on real
property located at 124 Madison Avenue, Englewood, in favor of
Mortgage Electronic Registration Systems, Inc., as nominee for
CCB. The mortgage was recorded in the Bergen County Clerk's
Office on March 31, 2003.
In September 2004, plaintiff acquired the loan. CCB
continued to service the loan and in December 2004, it sent the
original note to plaintiff's document custodian, U.S. Bank
Global Trust Services (USB).
Beginning in December 2008, defendants failed to pay the
monthly mortgage or the real estate taxes for the mortgaged
property. On January 14, 2009, CCB sent defendants notice of
2 A-4129-14T4
default and of its intention to foreclose. In June 2009, CCB
commenced a foreclosure action against defendants represented by
McCabe, Weisberg & Conway, P.C. (McCabe Firm). Defendants
participated in the action and sought discovery. In July 2009,
CCB merged with Capital One, National Association (CONA). In
December 2009, CONA obtained the original note from USB and
forwarded the note to the McCabe Firm, but the firm has no
record of ever receiving the note. For reasons not apparent in
the record before us, the first foreclosure action was dismissed
in June 2013.
On October 23, 2013, CONA sent defendants a notice of
default and intent to foreclose by regular and certified mail.
In May 2014, plaintiff filed the current foreclosure action.
Defendants filed an answer containing thirty-three affirmative
defenses. Plaintiff moved to strike defendants' answer and
affirmative defenses and sought summary judgment. On January 9,
2015, after hearing oral argument, the motion judge struck
defendants' answer and defenses, deemed the matter uncontested,
and granted plaintiff's motion for summary judgment.
Defendants' first argument is that the October 23, 2013
notice of foreclosure fails to comply with the loan documents
and the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68,
because it was issued by CONA who was not the original "note
3 A-4129-14T4
holder," and it "does not state when it was mailed, which is the
only operative date under the [m]ortgage and FFA."
Plaintiff's summary judgment motion relied on the affidavit
of CONA employee, Stephen Witkop, who administered loans in
default and was fully familiar with the records in this matter.
The purpose of a notice of intention to foreclose is to
provide "timely and clear notice to homeowners that immediate
action is necessary to forestall foreclosure." US Bank Nat.
Ass'n v. Guillaume, 209 N.J. 449, 470 (2012). We are satisfied
that the October 23, 2013 notice fulfilled all of the
requirements of N.J.S.A. 2A:50-56(c).
After carefully reviewing the record in light of the
parties' arguments, we conclude that defendants' remaining
arguments lack "sufficient merit to warrant discussion in a
written opinion." R. 2:11-3(e)(1)(E).
Affirmed.
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