NOT FOR PUBLICATION WITHOUT THE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-1178-18T2
THE BANK OF NEW YORK
MELLON, f/k/a THE BANK OF
NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2006-6,
Plaintiff-Respondent,
v.
SADAQAH TRUST and SAFIYYA
SHARIF,
Defendants-Appellants.
_______________________________
Submitted September 24, 2019 – Decided September 30, 2019
Before Judges Fisher and Accurso.
On appeal from the Superior Court of New Jersey,
Chancery Division, Essex County, Docket No. F-
025067-15.
Safiyya Sharif, appellant pro se.
Phelan Hallinan Diamond & Jones, PC, attorneys for
respondent (Brian Yoder, on the brief).
PER CURIAM
In 2006, defendant Safiyya Sharif entered into a loan agreement for the
purpose of buying a home in Newark; that process included defendant's
execution of a mortgage and note to secure repayment. Defendant defaulted in
April 2009; the mortgage and note were assigned to plaintiff a few months later.
Five years later, plaintiff served defendant with a notice of intent to foreclose
and, in July 2015, commenced this foreclosure action. Defendant filed an
answer, but plaintiff successfully moved for the striking of that answer as non-
contesting.
In March 2017, plaintiff moved for entry of final judgment, and defendant
filed opposition. The motion judge rejected defendant's objection to the amount
sought, but when the matter was administratively delayed for approximately a
year, plaintiff moved again for the entry of final judgment, and defendant again
objected. Another motion judge found no merit in defendant's objection and
final judgment was later entered.
Defendant appeals, arguing:
I. THE TRIAL COURT ERRED WHEN IT
RESPECTFULLY RECOMMEN[]DED FINAL
JUDGMENT, WHICH FAILED TO COMPLY WITH
THE NEW JERSEY SUPREME COURT ORDER
DATED JUNE 9, 2011 . . . .
A-1178-18T2
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II. THE TRIAL COURT ERRED WHEN IT
RESPECTFULLY RECOMMENDED FINAL
JUDGMENT WHICH FAILED TO COMPLY WITH
THE REQUIRED AFFIDAVIT OF DILIGENT
INQUIRY FORM WITH ITS APPLICATION FOR
FINAL JUDGMENT PURSUANT TO [RULE] 4:64-
2(d).
III. PLAINTIFF FAILED TO FILE THE REQUIRED
AFFIDAVIT OF AMOUNTS DUE AND OWING
SCHEDULE PURSUANT TO [RULE] 4:64-2(d).
We find defendant's arguments to be without sufficient merit to warrant further
discussion in a written opinion. R. 2:11-3(e)(1)(E). In seeking entry of final
judgment, plaintiff filed all appropriate sworn statements. And, in opposing the
judgment's entry, defendant failed to dispute plaintiff's claim to the amount due,
as recognized by Judge Jodi Lee Alper in the concise written opinion attached
to her October 4, 2018 order.
Affirmed.
A-1178-18T2
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