June 24, 2008
MARY TOYE, PLAINTIFF-APPELLANT,
ZONE INVESTMENTS, L.L.C., WANDA SCOTT, LONG BEACH MORTGAGE, ALEX BUFFALOE AND ERIC MARTIN, DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Chancery Division, Hudson County, C-97-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued telephonically May 28, 2008
Before Judges Stern, A.A. Rodríguez and Collester.
The matter is remanded to the Chancery Division for further consideration in light of Nowosleska v. Steele, ___ N.J. Super. ___ (App. Div. May 19, 2008) (which vacated a default judgment), to consider whether the transfer by plaintiff to defendant Zone Investments, L.L.C. by deed impacted on her ability to obtain surplus funds had the matter proceeded to a foreclosure sale, and whether, as a result, there was a predatory practice affecting plaintiff's equitable rights, and, if so, to consider an equitable remedy without prejudice to the rights of the mortgagee.*fn1
In this respect, the trial judge has authority to vacate the default judgment entered against defendants who did not appear and defend in plaintiff's action.
We do not retain jurisdiction.