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Sunday, February 21, 2016

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, 2006-EQ1 VS. JOANN L. CURCIO, ET AL.
A-2649-13T4
After unsuccessful attempts at personal service, plaintiff served the complaint in foreclosure on defendant at the encumbered property by regular and certified mail. We rule that defendant's failure to challenge service earlier, in her opposition to the entry of a final judgment in default, bars a belated attempt to raise the issue in a motion to vacate default judgment. In any event, such service by mail was proper under Rule 4:4-3(a) because plaintiff adequately attempted personal service, and its certificate showed plaintiff first made diligent inquiry to determine if defendant still resided at the encumbered property. Plaintiff was not required to obtain a court order or file an affidavit before making service by mail. Rather, the certificate showing diligent inquiry and service must be filed within the time to answer the complaint. Because plaintiff served defendant within the State under Rule 4:4-3(a), plaintiff did not need to follow the rules governing mail
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service out of State, Rule 4:4-4(b)(1)(C), or mail service to obtain in rem jurisdiction, Rule 4:4-5(a)(2), or meet Rule 4:4- 5(c)'s requirements for affidavits under those rules.