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BAYVIEW LOAN SERVICING v. COLEMAN, A-3532-15T1. (2017)

Court: Superior Court of New Jersey Number: innjco20170921217 Visitors: 2
Filed: Sep. 21, 2017
Latest Update: Sep. 21, 2017
Summary: NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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. PER CURIAM . In this foreclosure action, defendant Roxanne Coleman appeals from orders entered by the Chancery Division on March 20, 2015, awarding plaintiff Bayview Loan Servicing, LLC summary judgment, stri
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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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.

In this foreclosure action, defendant Roxanne Coleman appeals from orders entered by the Chancery Division on March 20, 2015, awarding plaintiff Bayview Loan Servicing, LLC summary judgment, striking defendant's answer, entering default and transferring the matter to the Office of Foreclosure, and denying defendant's application to dismiss the complaint. She also appeals from the court's October 23, 2015 and April 1, 2016 orders denying defendant's motions to vacate judgment and dismiss plaintiff's complaint.

Judge Patricia Del Bueno Cleary denied each of defendant's motions, setting forth her reasons on the record on March 19, 2015, October 22, 2015, and March 31, 2016. As stated in her decisions, the judge found that defendant's challenge to plaintiff's standing to pursue the foreclosure and her claims of defects in required notices were without merit.

On appeal, defendant repeats the arguments she raised before Judge Del Bueno Cleary and contends that the judge "abused [her] discretion and erred [by] disregarding Defendant's evidence and not dismissing the Complaint." She again specifically argues that plaintiff lacked standing and claims that the Notice of Intention to Foreclose was defective.

We conclude from our review of the record and applicable legal principles that defendant's arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), and we affirm substantially for the reasons expressed by Judge Del Bueno Cleary in her cogent decisions.

Affirmed.

Source:  Leagle

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