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Guidance v. Lasalle Bank National Association

Superior Court of New Jersey, Appellate Division

June 27, 2013

DEMETRIA GUIUAN, Plaintiff-Appellant,
v.
LASALLE BANK NATIONAL ASSOCIATION, TRUSTEE; FEIN, SUCH, KAHN & SHEPARD, P.C.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; MICHAEL S. HANUSEK, ESQ.; SHARI SEFFER, ESQ.; NICHOLAS J. CANOVA, ESQ.; ANNIE RODRIGUEZ; JOE LANNING; MERSCORP, INC.; DIBADA INVESTMENTS, LLC; and CARLA A. PEREZ, LLC, Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 11, 2013

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-4498-11.

Demetria Guiuan, appellant pro se.

Parker Ibrahim & Berg LLC, attorneys for respondents LaSalle Bank, National Association, Mortgage Electronic Registration Systems, Inc., Joe Lanning, Annie Rodriguez and MERSCORP, Inc. (Scott W. Parker, of counsel and on the brief).

Fein, Such, Kahn & Shepard, P.C., respondent pro se and attorneys for respondents Michael S. Hanusek, Shari Seffer and Nicholas J. Canova (Gregg P. Tabakin and Lisa M. McQuade, on the brief).

DiBiasi & Rinaldi, L.L.C., attorneys for respondent Carla A. Perez, LLC (Darren T. DiBiasi, on the brief).

Respondent Dibada Investments, LLC has not filed a brief.

Before Judges Alvarez and Waugh.

PER CURIAM

Demetria Guiuan was a defendant in a mortgage foreclosure action in which final judgment by default was entered on April 12, 2007. The subject property, a condo unit in Cedar Grove, was sold at sheriff's sale on October 7, 2008, for $100 to LaSalle Bank, the mortgagee. LaSalle Bank subsequently sold the real estate to Dibada Investments, LLC, on March 23, 2009. On September 1, 2010, Dibada sold the property to Carla A. Perez.

On May 31, 2011, Guiuan filed a complaint against all parties involved in the mortgage foreclosure, and various John Does, asserting multiple causes of action based on the court's alleged lack of jurisdiction in the foreclosure. Guiuan further claimed that because of a defect in the assignment, all defendants had engaged in fraudulent transfers and demanded as relief the return of the property. The Law Division judge granted motions for summary judgment dismissing the complaint. We now affirm.

The defendants in this proceeding are: Joseph Lanning and Annie Rodriguez, former employees for Chase Home Finance, LLC, the servicer for the LaSalle loan; Fein, Such, Kahn & Shepard, P.C., and its attorneys Shari Seffer, Esquire, Michael S. Hanusek, Esquire, Nicholas J. Canova, Esquire, and Jane and John Does 1-10, counsel, employees, and agents of LaSalle Bank during the mortgage foreclosure action. Also named is LaSalle Bank National Association, MERSCORP, Inc., Jane and John Does 1-10 as agents and/or employees related to MERSCORP, Inc., Dibada Investments, LLC, and Carla A. Perez, LLC.

Defendants' motions for summary judgment were heard on September 2, 2011, January 6, 2012, and January 20, 2012. The motions heard on January 6 were continued for two weeks to afford Guiuan an opportunity to file opposition to the motion, because she appeared in opposition on January 6 but did not submit anything other ...


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