Deutsche Bank Trust Co. Americas v. Angeles
428 N.J. Super. 315
| N.J. Super. Ct. App. Div. | 2012Background
- Angeles appeals a final foreclosure judgment (2009) and an ensuing 2011 order denying relief from the judgment; standing is the central issue.
- Note date Jan 10, 2007: Angeles borrowed $454,400 from First Equity; mortgage to MERS as First Equity’s nominee.
- Default occurred after February 1, 2008; Deutsche filed foreclosure May 29, 2008, two weeks before MERS’s mortgage assignment to Deutsche.
- Amended complaint filed July 23, 2008; service July 26, 2008; default entered September 11, 2008; final judgment issued November 6, 2009.
- Deutsche purchased the property at sheriff’s sale on August 20, 2010; deed recorded September 16, 2010; mediation failed; stay granted for hardship (2011) and then eviction occurred January 3, 2012.
- Angeles sought relief under Rule 4:50-1 (vacate/relieve) arguing lack of standing; court denied, applying equity and upholding final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Deutsche lacked standing when filing foreclosure due to assignment timing | Angeles argues standing was lacking because assignment occurred after filing | Deutsche may have had possession of the note or another basis to stand at filing | No; standing issue not timely raised; equity supports affirmance |
| Whether Rule 4:50-1 relief was timely and proper | Angeles sought relief after long delay and sale; never timely pursued earlier relief | Deutsche complied with process; no basis to vacate final judgment | Remand appropriate guidance from Mitchell; but affirmance upheld due to delay and lack of timely action |
| Application of Mitchell to this case | Angeles points to Mitchell to require standing proof at filing | Mitchell distinguished by defendant’s lack of active participation in litigation | Mitchell not controlling; equity and delay favored Deutsche |
Key Cases Cited
- Deutsche Bank Nat’l Trust Co. v. Mitchell, 422 N.J. Super. 214 (App.Div. 2011) (holding amended complaint cannot cure initial lack of standing; defendant engaged in litigation)
- U.S. Bank Nat’l Assoc. v. Guillaume, 209 N.J. 449 (2012) (Rule 4:50-1 relief balancing finality and equity; substantial deference to trial court)
- Mancini v. EDS, 132 N.J. 330 (1993) (equitable relief principles in Rule 4:50-1 context)
- DEG, LLC v. Township of Fairfield, 198 N.J. 242 (2009) (abuse of discretion standard for appellate review)
- Iliadis v. Wal‑Mart Stores, Inc., 191 N.J. 88 (2007) (abuse of discretion and standard of review insights)