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Sunday, October 14, 2012

DEUTSCHE BANK TRUST COMPANY AMERICAS, F/K/A BANKER’S TRUST COMPANY, AS TRUSTEE VS. YONY R. ANGELES A-2522-11T1


DEUTSCHE BANK TRUST COMPANY AMERICAS, F/K/A BANKER’S TRUST COMPANY, AS TRUSTEE VS. YONY R. ANGELES A-2522-11T1
Defendant in this foreclosure case cited our decision in Deutsche Bank National Trust Co. v. Mitchell, 422 N.J. Super. 214 (App. Div. 2011), in support of his challenge to the Chancery judge's refusal to allow him to raise the issue of standing based on a late assignment of mortgage. We affirmed, holding that defendant, who did not contest the foreclosure, waited too long to raise the issue of standing. He raised the issue for the first time more than three years after default on the mortgage, and after entry of final judgment, mediation, sheriff's sale, and hardship stay of eviction. 10-11-12