BANKERS TRUST CO. OF CALIFORNIA v. DELGADO


787 A.2d 195 (2001)

346 N.J. Super. 103

BANKERS TRUST COMPANY OF CALIFORNIA, N.A. as trustee under the Pooling and Servicing Agreement dated as of June 26, 1997, Delta Funding Home Equity Loan Trust 1997-2, Plaintiff-Respondent, v. Louis R. DELGADO and Ann Delgado, husband and wife, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 9, 2001.


Attorney(s) appearing for the Case

Malcolm V. Carton, Avon by the Sea, Monmouth County Counsel, attorney for appellant, County of Monmouth Sheriff's Department (Fredrick P. Niemann, Freehold, Assistant Monmouth County Counsel, on the brief).

Harvey, Pennington, Cabot, Griffith & Renneisen, attorneys for respondent, Bankers Trust Company of California (Stephen McNally, Cherry Hill, on the brief).

Respondents Louis R. Delgado and Ann Delgado did not file a brief.

Before Judges PETRELLA, KESTIN and STEINBERG.


The opinion of the court was delivered by STEINBERG, J.A.D.

Plaintiff, Bankers Trust Company of California (Bankers Trust), filed suit seeking to foreclose upon a mortgage executed by Louis R. Delgado and Ann Delgado. The Delgados did not file an answer, or otherwise move as to the complaint. Consequently, final judgment was entered in favor of Bankers Trust, and a writ of execution was entered directing the Monmouth County...

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