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NJ Appellate Div. Denies U.S. BANK “Vacate Default Judgment, Foreclosing Interest of MERS in Residential Realty” | WACHOVIA BANK v WRIGHT

NJ Appellate Div. Denies U.S. BANK “Vacate Default Judgment, Foreclosing Interest of MERS in Residential Realty” | WACHOVIA BANK v WRIGHT


SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1422-09T2

WACHOVIA BANK, N.A.,
Plaintiff-Respondent,

v.

GREGORY WRIGHT a/k/a
GREG WRIGHT, MRS. GREGORY
WRIGHT
, his wife, and
LAKES AT LARCHMONT
CONDOMINIUM ASSOCIATION
,
Defendants,
and
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC
.,
Defendant-Appellant.
_______________________________

EXCERPT:

PER CURIAM

U.S. Bank National Association (US Bank), as successor in interest to defendant Mortgage Electronic Registration Systems, Inc. (MERS), appeals from a Chancery Division order denying its request to vacate the default judgment against it and foreclosing the interest of MERS in residential realty.1 We affirm.

These facts are taken from the motion record. Defendant Gregory Wright purchased real property on Albridge Way in Mt. Laurel Township (the subject realty) on September 2, 2003. On December 2, 2005, Wright contracted with JP Morgan Chase, N.A. (Chase) for a mortgage and a line of credit secured by a second mortgage on the subject realty. On August 9, 2006, Wright refinanced the Chase debts and withdrew additional equitable value from the realty. He borrowed $210,000 from MERS through its agent, Accredited Home Lenders, Inc. (AHL). Inexplicably, the MERS mortgage was not recorded for over a year, until September 17, 2007.

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[ipaper docId=55377966 access_key=key-1qw2p4hv6ghvp2jsvhr7 height=600 width=600 /]

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