BANK OF AMERICA, N.A. v. MYRNA TAGAYUN, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0559-05T10559-05T1

BANK OF AMERICA, N.A.

Plaintiff-Respondent,

v.

MYRNA TAGAYUN her heirs,

devisees, and personal

representatives, and her,

their or any of their

successors in right, title

and interest; and MR. TAGAYUN,

husband of MYRNA TAGAYUN,

Defendants-Appellants,

and

DISCOVER BANK, BY ITS SERVICING

AGENT, DISCOVER FINANCIAL

SERVICES, INC., D/B/A DISCOVER

CARD; STATE OF NEW JERSEY;

UNITED STATES OF AMERICA,

Defendants.

___________________________________

 

Submitted December 13, 2006 - Decided February 23, 2007

Before Judges Cuff and Fuentes.

On appeal from the Superior Court of New Jersey, Chancery Division, Passaic County, Docket No. F-7040-05.

Myrna Tagayun and Robert S. Mandell, appellants, filed a pro se brief.

Zucker, Goldberg & Ackerman, attorneys for respondent (Richard P. Haber, of counsel and on the brief).

PER CURIAM

Defendant Myrna Tagayun appeals from the entry of a final judgment entered in this foreclosure action. The case involves a property owned by defendant in the City of Clifton. We affirm.

Defendant does not deny that she voluntarily executed the mortgage instrument and a companion promissory note on April 11, 2001, to secure a purchase-money loan made by plaintiff Bank of America, N.A., in the amount of $172,800. Defendant defaulted on the loan on March 1, 2005 by failing to make the monthly payment then due for the month of February 2005.

On April 29, 2005, plaintiff filed a complaint for foreclosure. In addition to filing a responsive pleading in the Chancery Division, General Equity Part, defendant filed a Notice of Removal with the United States District Court. The trial court declined to consider plaintiff's summary judgment motion pending the outcome of defendant's removal application. The federal district court denied defendant's removal application, and granted plaintiff's motion to remand the case to the State court.

On September 23, 2005, after considering oral argument from both sides, the trial court granted plaintiff's motion for summary judgment. Defendant then filed the present appeal challenging the trial court's ruling. By order dated December 2, 2005, the trial court denied defendant's motion for stay pending appeal. We have also denied defendant's repeated efforts to obtain an emergent stay of execution of the foreclosure judgment pending appeal. We did grant, however, defendant's application for an extension of time to file a brief in support of this appeal.

Without a stay in place, the case proceeded to a Final Judgment of Foreclosure and Writ of Execution through the Office of Foreclosure in Trenton. R. 1:34-6. According to plaintiff, the property was sold to a third party pursuant to a judicially- ordered Sheriff's Sale, and defendants have been ejected from the property.

We have carefully reviewed defendant's pro se brief in an effort to ascertain the existence of any legal error warranting our intervention. We are satisfied that defendant's argumentslack sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

Affirmed.

 

Mr. Tagayun's legal name is Robert S. Mandell.

Defendant Robert S. Mandell did not sign any of the mortgage documents. He was included as a party-defendant in this action to foreclose any interest he may have in the property by virtue of his status as Myrna Tagayun's husband. N.J.S.A. 3B:28-3; R. 4:26-5(b)(2)(i).

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4

A-0559-05T1

 

February 23, 2007