U.S. BANK NATIONAL ASSOCIATION v. DOV ROTH

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

U.S. BANK NATIONAL ASSOCIATION,

AS TRUSTEE FOR CSAB MORTGAGE-

BACKED PASS-THROUGH CERTIFICATES,

SERIES 2006-3,

Plaintiff-Respondent,

v.

DOV ROTH; MRS. DOV ROTH, HIS

WIFE,

Defendants-Appellants,

and

MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC.,

AS NOMINEE FOR FIRST CENTRAL

SAVINGS BANK, ITS SUCCESSORS

AND ASSIGNS,

Defendant.

________________________________

April 22, 2014

Submitted April 1, 2014 Decided

Before Judges Fisher and Koblitz.

On appeal from Superior Court of New Jersey, Chancery Division, Ocean County, Docket No. F-3862-09.

DavidM. Schlachter, attorney for appellants.

Reed Smith L.L.P., attorneys for respondent (Henry F. Reichner, of counsel; Kevin L. Jayne, on the brief).

PER CURIAM

In this foreclosure action, defendant Dov Roth1 appeals the November 16, 2012 order denying his motion to vacate a default judgment, which was entered almost two years before he filed his motion. We affirm.

The record reveals that, in July 2006, defendant borrowed $148,000 from First Central Savings Bank. Repayment was secured by a mortgage in favor of Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for First Central and First Central's successors and assigns, which was recorded the following month. Defendant defaulted on the mortgage loan on October 1, 2008.

On January 20, 2009, MERS executed an assignment of the mortgage in favor of plaintiff, U.S. Bank as Trustee for CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-3 (U.S. Bank).2 The following day U.S. Bank filed its foreclosure complaint. Defendant did not file a responsive pleading, and on November 18, 2010 final judgment was entered.

On August 31, 2012, defendant moved to vacate the judgment, alleging the "technicality" that the assignment was invalid and plaintiff had no standing because "the assignment was to place the [note and mortgage] into the Trust within 3 years, per the Securities and Exchange Commission and Trust's own rules."

Judge Frank A. Buczynski, Jr. denied defendant's motion, finding it was not only time-barred but also without merit because "there is no private right or cause of action for the debtor" to prevail due to a violation of the trust agreement. Plaintiff was in possession of the note and had the right to foreclose.

In similar circumstances, we have affirmed the denial of motions for relief from foreclosure judgments when the motion is based on an alleged lack of standing and not filed until more than one year after entry of the default judgment. See Deutsche Bank Nat'l Trust Co. v. Russo, 429 N.J. Super. 91, 98-100 (App. Div. 2012); Deutsch Bank Trust Co. Ams. v. Angeles, 428 N.J. Super. 315, 319-20 (App. Div. 2012). We affirm in light of our holdings in these cases and substantially for the reasons set forth by Judge Buczynski in his opinion.

1 All references to "defendant" in this opinion are to Dov Roth and his wife.

2 The assignment was recorded on February 23, 2009.