DEUTSCHE BANK NATIONAL TRUST COMPANY VS. CONRAD D.
RUSSO AND IRENE RUSSO
A-2437-11T1
We affirmed the trial court's order denying the foreclosure
defendants' 2011 motion to vacate a default judgment that was
entered in 2009. Defendants contended that plaintiff lacked
standing because it filed the foreclosure complaint before
obtaining an assignment of the mortgage, although it obtained an
assignment before the judgment was entered. Defendants further
argued that because plaintiff lacked standing, the trial court
lacked subject matter jurisdiction over the case. We concluded
that, due to defendants' unexcused, years-long delay in
asserting the standing defense, dismissal of the foreclosure
complaint would not be an appropriate remedy. Therefore, in this
context, lack of standing would not constitute a meritorious
defense for purposes of the motion to vacate the foreclosure
judgment. We also held that, in our State court system, standing
is not a jurisdictional issue. Therefore, a foreclosure judgment
obtained by a party that lacked standing is not "void," and
defendants' reliance on Rule 4:50-1(d)(judgments void for lack
of jurisdiction) was misplaced. 11-14-12
