HUDSON CITY SAVINGS BANK VS. JAY J. LIN (F-029667-10, SOMERSET COUNTY AND STATEWIDE)

NOT FOR PUBLICATION WITHOUT THE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-5483-16T3
HUDSON CITY SAVINGS BANK,
A federally chartered savings
bank organized and existing under
the laws of the State of Delaware,
Plaintiff-Respondent,
v.
JAY J. LIN,
his/her heirs, devisees, and personal
representatives, and his,
her, their or any of their successors
in right, title and interest,
Defendant,
and
IRENE H. LIN,
his/her heirs, devisees
and personal representatives, and his,
her, their or any of their
successors in right, title and
interest,
Defendant-Appellant.
______________________________________________
Submitted May 22, 2018 – Decided August 1, 2018
Before Judges Sumners and Moynihan.
On appeal from Superior Court of New Jersey,
Chancery Division, Somerset County, Docket
No. F-029667-10.
Jay J. Lin, attorney for appellant.1
Parker McCay, PA, attorneys for respondent
(Eugene R. Mariano, of counsel; Stacy L.
Moore, Jr., on the brief).
PER CURIAM
In this residential foreclosure matter, defendant Irene Lin
appeals from July 21, 2017 orders denying her motions to vacate
summary judgment granted to plaintiff Hudson City Savings Bank
(HCSB); and for sanctions in lieu of opposition to HCSB's motion
for entry of final judgment. We affirm.
In 2007, defendants executed a mortgage to HCSB to secure a
$680,000 note.2 Defendants defaulted three years later, and on
May 28, 2010, HCSB, through its then-attorney, Zucker Goldberg &
Ackerman (Zucker Goldberg), initiated foreclosure proceedings.
After HCSB's initial motion for summary judgment in 2011 was
denied for procedural deficiencies, it refiled the motion in
2013. The foreclosure proceedings, however, were stayed due to
defendants' bankruptcy filing until the stay was vacated in
1
Jay J. Lin represents his wife Irene Lin, and although he is a
defendant, he is not a party to this appeal.
2
HCSB has since merged with and been succeeded by M&T Bank;
there is no challenge to M&T Bank's rights as HCSB's successor.
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2015. Shortly thereafter, Zucker Goldberg filed for its own
bankruptcy and HCSB retained current counsel.
In late 2016, HCSB moved again for summary judgment.
Defendants were served the motion – at the same address they had
been served at for the initial foreclosure complaint as well as
all subsequent correspondence and filings – but did not submit
opposition. On December 5, 2016, Judge Margaret Goodzeit
entered an order, along with a written statement of reasons,
granting HCSB's motion for summary judgment, striking
defendants' answer as unresponsive, and returning the matter to
the Office of Foreclosure as an uncontested foreclosure action.
Six months later, defendants filed a motion to vacate the
court's summary judgment decision and a cross-motion seeking
sanctions in lieu of opposition to HCSB's motion for entry of
final judgment. In orders dated July 21, 2017, Judge Goodzeit
denied the motions. In her statement of reasons, the judge
initially noted that defendants' motion to vacate failed to
specify the court rule they were relying upon but she treated it
as a motion for reconsideration. Even though the motion was
untimely under Rule 4:49-1 because it was filed well beyond
twenty days after the December 5, 2016 order sought to be
reconsidered, the judge addressed and rejected the entirety of
the motion's claims.
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Applying Rule 4:49-2, Judge Goodzeit declined to reconsider
her summary judgment order because it was not based on plainly
incorrect reasons, she had considered all evidence submitted,
and there was no good reason to consider new evidence. The
judge determined defendants' claim that HCSB was seeking
foreclosure on a 2001 mortgage, and not the 2007 mortgage, was
"without merit whatsoever." The judge found defendants'
argument that Zucker Goldberg's bankruptcy prevented HCSB from
obtaining foreclosure "is ill-conceived”; the law firm did not
seek foreclosure, the bank did. And as for defendants'
bankruptcy, the judge found that the stay to prosecute the
foreclosure proceedings was lifted, giving HCSB the right to
move for summary judgment. The judge also determined that, even
though all court records belied Jay J. Lin's claim that the
summary judgment motion was served on defendants at the wrong
address, there was no certification that the motion was not
received – "such deficiency [being] the death knell to his
argument." In sum, Judge Goodzeit found there were "no
arguments, case law, or facts to warrant reconsideration of" the
summary judgment order.
Turning to defendants' cross-motion, the judge, noting
defendants' certification was "almost identical [to] their
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motion to vacate summary judgment", reasoned that they "provide
no basis to impose sanctions on [HCSB] whatsoever."
In conclusion, Judge Goodzeit maintained that both motions
lacked merit as defendants did not "provide any case law or an
iota of evidence" in support, suggesting their effort was "a
misplaced attempt to delay the inevitable."
Defendant argues:
[POINT] I. THE TRIAL COURT ERRED IN
ALLOWING PLAINTIFF AND ITS DEBT COLLECTORS
VIOLATED THE AUTOMATIC STAY ORDER.
[POINT] II. THE TRIAL COURT ERRED IN
ALLOWING PLAINTIFF AND ITS DEBT COLLECTORS
VIOLATED [THE] FDCPA.[3]
[POINT] III. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF FRAUD,
MISREPRESENTATION, AND MISCONDUCT OF
PLAINTIFF AND ITS DEBT COLLECTORS.
[POINT] IV. THE COURT SHOULD RELIEVE THAT
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF THE JUDGMENT OR
ORDER IS VOID.
[POINT] V. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF MISTAKE.
[POINT] VI. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
3
Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 to
1692p.
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DEFENDANT FOR REASONS OF NEWLY DISCOVERED
EVIDENCE WHICH WOULD ALTER THE JUDGMENT.
(THE ISSUE WAS NOT RAISED BELOW).
[POINT] VII. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF JUSTIFYING RELIEF
FROM THE OPERATION OF THE JUDGMENT OR ORDER.
(THE ISSUE WAS NOT RAISED BELOW).
In her reply brief, she argues:
[POINT] I. THIS APPEAL MUST BE DECIDED
ON THE MERITS.
[POINT] II. THE TRIAL COURT ERRED IN
ALLOWING PLAINTIFF AND ITS DEBT COLLECTORS
VIOLATED THE AUTOMATIC STAY ORDER.
[POINT] III. THE TRIAL COURT ERRED IN
ALLOWING PLAINTIFF AND ITS DEBT COLLECTORS
VIOLATED [THE] FDCPA.
[POINT] IV. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF FRAUD,
MISREPRESENTATION, AND MISCONDUCT OF
PLAINTIFF AND ITS DEBT COLLECTORS.
[POINT] V. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF THE JUDGMENT OR
ORDER IS VOID.
[POINT] VI. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF MISTAKE.
[POINT] VII. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
DEFENDANT FOR REASONS OF NEWLY DISCOVERED
EVIDENCE WHICH WOULD ALTER THE JUDGMENT.
[POINT] VIII. THE COURT SHOULD RELIEVE THE
TRIAL COURT'S SUMMARY JUDGMENT AGAINST
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DEFENDANT FOR REASONS OF JUSTIFYING RELIEF
FROM THE OPERATION OF THE JUDGMENT OR ORDER.
Defendant's arguments are without sufficient merit to
warrant discussion, R. 2:11-3(e)(1)(E), and we affirm
substantially for the reasons expressed in Judge Goodzeit's
cogent written decision.
Affirmed.
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