OCWEN LOAN SERVICING, LLC VS. RODNEY O. LEE (F-030760-16, ESSEX COUNTY AND STATEWIDE)

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4018-18T1 OCWEN LOAN SERVICING, LLC, Plaintiff-Respondent, v. RODNEY O. LEE, a/k/a RODNEY LEE, Defendant-Appellant, and RCL MANAGEMENT, AMERICAN EXPRESS BANK FSB, SOMOYA BROWN, CAVALRY PORTFOLIO SERV/CAVALRY LLC ASSIGNEE OF CAVALRY SPV I LLC ASSIGNEE OF BANK OF AMERICA/FIA CARD SERVICES NA, DISCOVER BANK, FORD MOTOR CREDIT COMPANY LLC d/b/a VOLVO CAR FINANCE NA, MIDLAND FUNDING LLC, ASSIGNEE CHASE BANK USA NA, IRENE MUNOZ, JANET SANDERS, JOHN SANDERS, and TOWNSHIP OF HILLSIDE, Defendants. ___________________________________ Submitted November 4, 2020 – Decided November 18, 2020 Before Judges Mawla and Natali. On appeal from the Superior Court of New Jersey, Chancery Division, Essex County, Docket No. F- 030760-16. Rodney Lee, appellant pro se. RAS Citron, LLC, attorneys for respondent (Christopher Ford, on the brief). PER CURIAM Defendant Rodney Lee appeals from a May 6, 2019 order denying his motion to vacate a sheriff's sale of property he formerly owned in Newark. We affirm. We previously recounted the facts leading to the foreclosure of the property in Ocwen Loan Servicing, LLC v. Lee, Docket No. A-2113-17 (App. Div. Nov. 8, 2018), in which we affirmed the judgment of foreclosure in favor of plaintiff Ocwen Loan Servicing, LLC. (slip op. at 9-10). Subsequent to our decision the property was sold to a third party, 263 North 6th St., LLC, which was the successful bidder at a sheriff's sale on February 5, 2019. A-4018-18T1 2 Defendant filed a motion to vacate the sale six days later. He certified there was misconduct because he did not receive advance notice of the sale, and claimed there was no evidence provided by the sheriff or plaintiff that the sale was completed in accordance with "state[]law procedures" "to prove that . . . 263 North 6th Street, LLC was the purchaser/bidder at the [s]ale." Plaintiff filed a certification in opposition to defendant's motion, attaching copies of an affidavit of posting establishing the sheriff posted notice of the sale at the sheriff's office and the property on December 11, 2018, and proof the notice was sent to defendant at the property and at an alternate address via certified and regular mail on January 11, 2019. Plaintiff provided the tracking numbers for the certified mail sent to both addresses, which showed the mail sent to the property was received on January 18, 2019, and the mail sent to defendant's alternate addresses was delivered January 28, 2019. Plaintiff also certified the regular mail was not returned. The motion judge denied the motion to vacate the sale, noting defendant "provides no evidence of misconduct[,] failure of service[,] or irregularity of sale." The judge found as follows: Plaintiff has provided proofs that proper notice was in fact …

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