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SUSER v. WACHOVIA MORTGAGE, FSB

DOCKET NO. A-1330-12T2

78 A.3d 1014 (2013)

433 N.J. Super. 317

William SUSER, Plaintiff-Appellant, v. WACHOVIA MORTGAGE, FSB f/k/a World Savings Bank, FSB, and Deutsche Bank National Trust Company, f/k/a Washington Mutual Bank, FA, Defendants-Respondents, and Port Imperial Condominium Association and United States Department of the Treasury—Internal Revenue Service, and/or his, her, their or its successor in right, title and interest, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 2013.

Attorney(s) appearing for the Case

Zwerling & Deshpande, LLC, attorneys for appellant ( Shay S. Deshpande , West Orange, and David J. Zwerling , Hackensack, on the brief).

Reed Smith, LLP, attorneys for respondent Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB ( Henry F. Reichner , of counsel; Kevin L. Jayne , on the brief).

Bertone Piccini, LLP, attorneys for respondent Deutsche Bank National Trust Company, f/k/a Washington Mutual Bank, FA ( Grace C. Bertone , Hasbrouck Heights, and Cristina Z. Sinclair , of counsel; Sinclair, on the brief).

Before Judges FISHER, ESPINOSA and O'CONNOR.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, we consider whether the trial judge correctly granted summary judgment in this convoluted quiet-title action, which sought, in part, to remove a mortgage because of alleged inadequacies in its assignment.

Many of the relevant facts are undisputed. Plaintiff William Suser obtained and recorded, on July 29, 2006, a mortgage on a West New York condominium unit securing his $150...

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