U.S. BANK NATIONAL ASSOCIATION, ETC. VS. MICHAEL MCMAHON (F-010062-12, MONMOUTH COUNTY AND STATEWIDE) ( 2019 )

NOT FOR PUBLICATION WITHOUT THE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-1979-17T1
U.S. BANK NATIONAL
ASSOCIATION, as Trustee
under Pooling and Servicing
Agreement Dated as of December
1, 2006 MASTR Asset-Backed
Securities Trust 2006-NC3 Mortgage
Pass-Through Certificates, Series
2006-NC3, by its attorney in fact,
Ocwen Loan Servicing, LLC,
Plaintiff-Respondent,
vs.
MICHAEL MCMAHON,
Defendant-Appellant,
and
ANGELA MCMAHON, husband
and wife, CAPITOL ONE BANK
U.S., N.A., c/o Lyons, Doughtry
& Veldhuis, Mers, Inc., as Nominee
for New Century Mortgage Corporation,
Defendants.
__________________________________
Submitted January 8, 2019 – Decided January 30, 2019
Before Judges Hoffman and Geiger.
On appeal from Superior Court of New Jersey,
Chancery Division, Monmouth County, Docket No F-
010062-12.
Law Offices of Frederick Coles, III, attorneys for
appellant (Frederick Coles, III, on the briefs).
Duane Morris LLP, attorneys for respondent (Jessica A.
Kolansky, of counsel and on the brief; Brett L.
Messinger and Stuart I. Seiden, on the brief).
PER CURIAM
In this mortgage foreclosure case, defendant Michael McMahon appeals
from the final judgment of foreclosure in favor of plaintiff U.S. Bank National
Association, as Trustee under Pooling and Servicing Agreement Dated as of
December 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC3 Mortgage
Pass-Through Certificates, Series 2006-NC3. We affirm.
I.
On August 14, 2006, defendants Michael McMahon and Angela
McMahon executed and delivered a note to New Century Mortgage Corporation
(New Century) for $320,000. Defendants also executed a mortgage in favor of
Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for New
Century, granting a security interest in their residential property located in
A-1979-17T1
2
Matawan. The mortgage was recorded in the Monmouth County Clerk's Office.
MERS assigned the mortgage to U.S. Bank National Association in May 2007,
and the assignment was recorded with the Clerk's Office. A corrected
assignment was filed in April 2012 to include plaintiff's proper name as the
assignee of the mortgage. Defendants defaulted on the loan in January 2007.
In June 2012, plaintiff filed this foreclosure action and defendants
removed it to federal court. Ultimately, the Third Circuit remanded the matter
to state court and both sides filed motions for summary judgment. The trial
court granted plaintiff's motion and denied defendant's motion. The trial court
entered a final judgment of foreclosure on October 23, 2017. This appeal
followed.
II.
On appeal, defendant raises but one argument: that plaintiff lacked
standing to foreclose. We review the grant and denial of summary judgment de
novo. Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 405 (2014).
Defendants have not paid the mortgage since January 2007 and have no
valid defenses to the foreclosure action. Plaintiff submitted legally competent
evidence to establish its standing to file the foreclosure complaint, the
A-1979-17T1
3
borrowers' default, the amount due, and plaintiff's entitlement to a judgment of
foreclosure.
We have considered defendant's argument and based on our de novo
review, we find it clearly lacks merit. R. 2:11-3(e)(1)(E). We therefore affirm
substantially for the reasons stated by the trial court.
Affirmed.
A-1979-17T1
4