June 4, 2007
ALASKA SEABOARD PARTNERS LIMITED PARTNERSHIP, PLAINTIFF-RESPONDENT,
EUGENE E. WATTS AND DEBORAH M. WATTS, DEFENDANTS-APPELLANTS.
On appeal from the Superior Court of New Jersey, Chancery Division, Cumberland County, Docket No. F-2117-05.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: May 23, 2007
Before Judges Cuff and Baxter.
This appeal arises from an order entered in a mortgage foreclosure action following Sheriff's Sale and delivery of a deed to a third-party purchaser. We review an order denying defendants Eugene E. Watts and Deborah M. Watts's motion to set aside the Sheriff's Sale and vacate the deed delivered to Coastal Properties Group, LLC.
Judge Rafferty recognized that the law clearly outlines the various circumstances when a Sheriff's Sale may be vacated. He held, however, that defendants presented no facts to warrant relief.
On appeal, defendants argue that the judge did not properly weigh the equities. They also contend that Judge Rafferty erred when he found no legal, factual or equitable basis for relief.
We have carefully considered the record in this matter and conclude that the arguments advanced by defendants are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2)(E). The August 2, 2006 order of this court staying the writ of execution pending appeal is vacated.
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