NOT FOR PUBLICATION WITHOUT THE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-5040-15T1
CITIBANK, NA, as Trustee for
the Holders of Bear Stearns
Arm Trust, Mortgage Pass-
Through Certificates, Series
2007-1,
Plaintiff-Respondent,
v.
ARVIN PHILLIP and SHAMELA
PHILLIP,
Defendants-Appellants,
and
BANK OF AMERICA, NA,
Defendant.
_________________________________
Submitted September 13, 2017 – Decided September 28, 2017
Before Judges Fuentes and Manahan.
On appeal from Superior Court of New Jersey,
Chancery Division, Monmouth County, Docket No.
F-031247-08.
Arvin Phillip and Shamela Phillip, appellants
pro se.
Henry F. Reichner (Reed Smith LLP), attorney
for respondent.
PER CURIAM
In this mortgage foreclosure matter, defendants, Arvin
Phillip and Shamela Phillip, appeal from an order entered by the
Chancery Division granting a motion to amend final judgment in
favor of plaintiff, Citibank, NA, as well as orders denying
defendants' motions for reconsideration and to vacate the amended
final judgment. Defendants sought to vacate the eight-year-old
judgment after failing to defend the action. We affirm.
On appeal, defendants raise the following arguments:
POINT I
TOLLING.
POINT II
STANDING.
POINT III
ASSIGNMENT OF MORTGAGE.
POINT IV
CERTIFICATION OF TABITHA LONDON (INCORRECTLY
RULED BY JUDGE CLEARY).
POINT V
CHAIN OF TITLE (THE ISSUE WAS NOT ADDRESSED
BY JUDGE CLEARY, HOWEVER, IT IS IMPERATIVE TO
HAVE A CLEAR CHAIN OF TITLE FOR THE TRUST TO
ACCEPT A LOAN).
2 A-5040-15T1
POINT VI
THE WELLS FARGO FORECLOSURE MANUAL (ISSUE NOT
RAISED BUT DUE TO NEW AND RELEVANT CASE LAW[,]
IT IS APPLICABLE).
POINT VII
OTHER RELEVANT CASES (JUDGE CLEARY DID NOT
ADDRESS THE JESINOSKI CASE).
POINT VIII
OUT OF STATE DECISIONS.
POINT IX
BORROWER'S RIGHT IN THE SECURITIZATION
PROCESS.
Having considered the record on appeal in light of the
arguments raised by defendants, we find the arguments lack
sufficient merit to warrant discussion in a written opinion. R.
2:11-3(e)(1)(E). We affirm for the reasons set forth in the oral
opinion of Judge Patricia Del Bueno Cleary, which was premised
upon uncontested material facts and applicable settled law.
Affirmed.
3 A-5040-15T1
CITIBANK, NA, ETC. VS. ARVIN PHILLIP(F-031247-08, MONMOUTH COUNTY AND STATEWIDE)
Combined Opinion