NOT FOR PUBLICATION WITHOUT THE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-4838-16T3
PNC BANK, NATIONAL
ASSOCIATION,
Plaintiff-Respondent,
v.
GRACE S. WONG,
Defendant-Appellant,
and
STEVEN L. WONG, FULL
SERVICE REALTY LLC, 69 NORTH
FRANKLIN TURNPIKE, LIMITED
LIABILITY COMPANY, 391 FRANKLIN
TURNPIKE, LIMITED LIABILITY
COMPANY and 40 LAKEVIEW DRIVE,
LIMITED LIABILITY COMPANY,
Defendants.
________________________________
Submitted July 23, 2018 – Decided August 14, 2018
Before Judges Whipple and Suter.
On appeal from Superior Court of New Jersey,
Law Division, Bergen County, Docket No. L-
9306-12.
Grace S. Wong, appellant pro se.
Dilworth Paxson LLP, attorneys for respondent
(Francis P. Maneri, on the brief).
PER CURIAM
Grace S. Wong appeals from the trial court's April 28, 2017
order denying her motion to compel PNC Bank, National Association
(PNC), to file a Warrant of Satisfaction of Judgment and refund
extra proceeds with interest. For the reasons that follow, we
affirm.
The lengthy history of litigation surrounding this matter is
set forth in Wong v. PNC Bank, No. A-5596-15 (App. Div. Oct. 11,
2017). As such, a brief summary will suffice here.
On December 11, 2014, a judgment for $1,305,707.09 was entered
in favor of PNC against defendants Wong, Steven L. Wong, Full
Service Realty LLC, 69 North Franklin Turnpike LLC, 391 Franklin
Turnpike LLC, and 40 Lakeview Drive, LLC (the Judgment).1 The
Judgment stemmed from a loan PNC made to defendants and secured
by personal guarantees and four properties, including a property
in Ramsey (the Ramsey property).
The trial court entered final judgment of foreclosure for the
Ramsey property on August 18, 2014. A sheriff's sale was held on
June 5, 2015. Land Holding, LLC, a PNC affiliate, purchased the
property.
1
Grace S. Wong is the sole party on appeal.
2 A-4838-16T3
On November 24, 2015, Wong filed a complaint alleging PNC
violated a bankruptcy automatic stay order by proceeding with the
sheriff sale for the Ramsey property and that PNC failed to provide
her with sufficient notice. The court rejected Wong's assertions
and granted PNC's motion for summary judgment, which we affirmed
on October 11, 2017. Ibid.
On March 8, 2017, Wong moved to compel PNC to file a Warrant
of Satisfaction of Judgment and refund extra proceeds held with
interest. In her motion, she argued PNC received $1,327,008.77
in satisfaction of the $1,303,707.092 Judgment.
On April 28, 2017, the trial court considered and denied
Wong's motion, finding the Judgment had not been satisfied. The
proceeds from the sheriff sales could not be applied to the
Judgment until all Wong's appeals were completely resolved. The
judge entered a corresponding order that day.
Wong moved for reconsideration, which the trial court denied
on June 23, 2017. This appeal followed. On appeal, Wong raises
the following issue:
Can the [p]laintiff refuse to issue the
Warrant of Satisfaction if the amount of sale
proceeds paid into the account of the
Plaintiff is in excess of the total amount of
Judgment?
2
This figure does not include post-judgment interest.
3 A-4838-16T3
Wong again argues PNC received $1,327,008.77 against the
Judgment of $1,303,707.09. She contends the Judgment was fully
paid because the Ramsay property was sold at a sheriff sale, and
the proceeds should have been applied against the Judgment. She
provided no evidence or detail how the Judgment was satisfied,
but, in her certification to the trial court, she listed certain
amounts as paid that should be credited towards satisfaction of
the Judgment. However, these totals as presented to the trial
court lack evidentiary support. When Wong filed the motion on
March 8, 2017, the Ramsey property was still in litigation. That
matter was not resolved until October 11, 2017. See ibid.
Moreover, there are other challenges pending in other courts.3 As
the trial court correctly held, until issues surrounding the Ramsey
property are completely resolved, no credit can be applied toward
the Judgment.
Affirmed.
3
On April 28, 2017 Wong's appeal of the Bankruptcy Court order
denying her automatic stay challenge was still pending in the
United States District Court for the District of New Jersey, Docket
No. 2:16-cv-02254. Other related matters were still pending in
the Bankruptcy Court.
4 A-4838-16T3