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U.S. Bank v. Odoemene

Superior Court of New Jersey, Appellate Division
Jun 17, 2021
No. A-2473-19 (App. Div. Jun. 17, 2021)

Opinion

A-2473-19

06-17-2021

U.S. BANK N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff-Respondent, v. DORIS D. ODOEMENE AND EMMANUEL C. ODOEMENE, wife and husband, Defendants-Appellants, and STATE OF NEW JERSEY, Defendant.

Doris D. Odoemene and Emmanuel C. Odoemene, appellants pro se. Milstead and Associates, LLC, attorneys for respondent (Roger Fay, on the brief).


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 9, 2021

On appeal from the Superior Court of New Jersey, Chancery Division, Essex County, Docket No. F-016656-18.

Doris D. Odoemene and Emmanuel C. Odoemene, appellants pro se.

Milstead and Associates, LLC, attorneys for respondent (Roger Fay, on the brief).

Before Judges Fisher and Gummer.

PER CURIAM.

In this foreclosure case, defendants appeal (1) an order granting plaintiff's motion for summary judgment, striking defendants' answer, and denying defendants' cross-motion to dismiss the complaint and (2) final judgment.

Defendants argue:

I. The Trial Court erred and abused its discretion in not dismissing the Complaint when Plaintiff did not show it had physical possession of the Note at the time of filing the Complaint.
II. The Trial Court erred and abused its discretion by avoiding to make [sic] a decision regarding a pre-filing requirement when there is a non[-]compliant and deficient NOI.
III. The Trial Court erred and abused its discretion in concluding Plaintiff has established that Defendants defaulted on the Note.

We find insufficient merit in these arguments to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E).

Affirmed.


Summaries of

U.S. Bank v. Odoemene

Superior Court of New Jersey, Appellate Division
Jun 17, 2021
No. A-2473-19 (App. Div. Jun. 17, 2021)
Case details for

U.S. Bank v. Odoemene

Case Details

Full title:U.S. BANK N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE…

Court:Superior Court of New Jersey, Appellate Division

Date published: Jun 17, 2021

Citations

No. A-2473-19 (App. Div. Jun. 17, 2021)