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I.E.'S, L.L.C. v. SIMMONS

921 A.2d 483 (2006)

392 N.J. Super. 520

I.E.'S, L.L.C., Plaintiff, v. Tessie SIMMONS, Gwendolyn Hudson, Chara Carmon, Carolyn Carmon Pope, David Carmon, and 7 Clark Street, L.L.C., Defendants.

Superior Court of New Jersey, Law Division, Middlesex County.

Decided September 15, 2006.

Attorney(s) appearing for the Case

Michael G. Pellegrino, Denville, for plaintiff (Pellegrino & Feldstein, L.L.C., attorneys).

Charles D. Whelan, III, New Brunswick, for 7 Clark Street, L.L.C., (Charles D. Whelan, III, attorney).

W. Peter Ragan, for the defendants, Gwendolyn Hudson, Chara Carmon, Carolyn Carmon Pope and David Carmon (Ragan & Ragan, P.C., attorneys).

CHAMBERS, J.S.C.

This is a tax sale foreclosure case in which the defendant property owners moved to set aside the final judgment of foreclosure.1 The record indicates that three of the defendant owners did not receive personal service of the tax foreclosure proceeding. They only became aware of the proceeding after the final judgment of foreclosure was entered and after the property was sold to a bona fide purchaser for value. The court...

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