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Wachovia Bank, N.A v. Francis X. Murray

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 29, 2012

WACHOVIA BANK, N.A., PLAINTIFF-RESPONDENT,
v.
FRANCIS X. MURRAY, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Cape May County, Docket No. F-022110-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 13, 2012 --

Before Judges A. A. Rodriguez and Reisner.

Appellant, Francis X. Murray, seeks relief from the September 17, 2010 Chancery Division order, which provides:

1. Defendant Murray's motion to vacate the Sheriff's sale conducted in this matter is denied.

2. Sheriff is specifically authorized to issue a deed to the third party purchaser [New Jersey Home Construction, Inc. (Home Construction)].

We affirm.

These facts are not disputed. Murray defaulted on a $464,250 mortgage loan from respondent Wachovia Bank, N.A. (Wachovia), which filed this foreclosure action in August 2007. Murray did not defend. The Chancery Division entered a final judgment on February 2, 2009. A Sheriff's sale was scheduled. Murray moved for a stay. The judge denied the stay. Murray filed a motion for reconsideration, which was unsuccessful. The Sheriff's sale was held on August 25, 2010. The successful bidder at the sale was New Jersey Home Construction, Inc. (Home Construction). Murray moved to vacate the Sheriff's sale. Judge William C. Todd, III, denied the motion.

Murray filed this appeal. He did not file a brief conforming to the requirements of Rule 2:6-2. His brief lists the following twenty-one topics:

RIGHT TO DUE PROCESS DENIED RIGHT TO NEW TRIAL IF NO DEFENSE PRESENTED FOR GOOD CAUSE JUDGE FAILED TO NOTIFY APPELLANT OF HEARING DATE CHANGES FALSE CERTIFICATIONS LACK OF VERIFICATION LACK OF STANDING SECURITIZATION -- INVALIDATION OF FORECLOSURE REMEDY FRAUD, CONCEALING EVIDENCE, CONSPIRACY, COLLUSION BY EX PARTE TALK COLLUSION AT AUCTION FINAL OR INTERLOCUTORY -- THE CITI MORTGAGE STATUS RELIANCE "FORECLOSUREGATE" -- AS CAUSE TO REOPEN AND REMAND NO STANDING AND SHERIFF NEGLIGENCE, MISTAKE AND ERROR NEW INFORMATION NOT AVAILABLE AT TRIAL THE TWO SALES DATES/ONE HOME PARADOX THE BARRING OF REMEDY FOR WACHOVIA CAUSE OF HEARING MET HEARING YET TO OCCUR FOR SENIOR LENDER AS PER SHERIFF SALE LIST NEW EVIDENCE IRONY RELIANCE ON AVERMENTS, PERJURY COLLUSION AND RICO CONSPIRACY INADEQUATE SALE PRICE

After a careful review, we conclude that there is no merit to any of the arguments or discussions. We note that Murray admits the loan obligation, the existence of the mortgage as security for the obligation, and default in payment. The default has never been cured. In short, Murray offers no valid defenses. Based on our review of the record and arguments of the parties, we determine that the judgment of the Chancery Division is based on findings of fact, which are adequately supported by evidence. R. 2:11-3(e)(1)(A). Moreover, the evidence presented by Wachovia and Home Construction is undisputed. Affirmed.

20120629

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