Brunswick Bank & Trust v. Heln Mgmt. LLC

181 A.3d 1030, 453 N.J. Super. 324
New Jersey Superior Court Appellate Division·Decided February 21, 2018·No. DOCKET NO. A–1345–15T3·Published·Cited by 12 cases

Opinion

FISHER, P.J.A.D.

*326In this second appeal of a group of convoluted and consolidated foreclosure actions, we review the findings and conclusions drawn by the experienced chancery judge from the proofs elicited at an evidentiary hearing required by our earlier remand. Brunswick Bank & Tr. v. Affiliated Bldg. Corp., 440 N.J. Super. 118, 111 A.3d 710 (App. Div. 2015). We certainly did not burden the chancery judge with the easiest of tasks, and defendants' presentation of *327evidence certainly gave voice to the song lyric, "when nothing makes any sense, you have a reason to cry."1 But, *1032after careful review, we cannot endorse the judge's finding that defendants failed to present "competent" evidence to support the remedy they seek. Consequently, we are constrained to again remand.

The consolidated cases concern five construction and development loans, four of which were made to defendant Heln Management, LLC, and the fifth to Affiliated Building Corp.; Jeffrey Miller, a principal of both entities, and his daughter Melanie Miller, were joined as defendants because they guaranteed repayment. Repayment was also ensured by mortgages held by Brunswick Bank on properties owned by Heln and Affiliated. We provided greater detail about these transactions in our earlier opinion, id. at 120 n.2, 111 A.3d 710, and will attempt not to unduly repeat what was then said.

In deciding the earlier consolidated appeals, we ultimately remanded because issues concerning whether Brunswick Bank collected more than one-hundred percent of defendants' collective debt on all the loans could not be resolved "without a full accounting of the cash and property collected by plaintiff applied against the amount of the Law Division judgment and the interest that accrued on that judgment, as well as expenditures in 'different categories of [permissible] damages' not adjudicated in the Law Division action." Id. at 128, 111 A.3d 710 (alteration in original; quoting First Union Nat'l Bank v. Penn Salem Marina Inc., 190 N.J. 342, 345, 921 A.2d 417 (2007) ). The judgment referred to was the product of Brunswick Bank's 2010 complaint in the Law Division seeking a money judgment on four of the five loans; Brunswick Bank chose that option rather than pursuing foreclosure on the mortgage properties. Default judgment was entered on August 18, 2010, against Heln for $1,884,141.84, and against Affiliated for $175,000; both guarantor-defendants were declared jointly and severally liable on both those obligations.

*328Id. at 120-21, 111 A.3d 710. By taking that course, Brunswick Bank opted to allow the unpaid debt on the four defaulted loans alleged in the Law Division complaint to accrue interest at the rate provided by Rule 4:42-11(a), rather than the interest rate to which the parties had been contractually bound. Brunswick Bank, 440 N.J. Super. at 127, 111 A.3d 710.

After filing the Law Division action, Brunswick Bank filed four separate foreclosure actions. Three were filed in 2010, shortly before Brunswick Bank obtained the Law Division judgment: two in Middlesex County and a third in Monmouth County. A fourth was filed in Middlesex County in 2013. Default judgments setting redemption amounts were entered in 2012 and 2013. There followed-as we previously described in greater detail, id. at 121-22, 111 A.3d 710 -sales of properties encumbered by mortgages; this provided rolling compensation for Brunswick Bank against all defendants' obligations.

In his earlier decision, the chancery judge recognized the loans might have been "over-collateralized" and questions about whether Brunswick Bank had been fully compensated on the entire obligation were presented. The judge concluded, however, that the record was "too muddled," and he acknowledged his power to "prevent a windfall" had to await "a full and complete factual record." Id. at 122, 111 A.3d 710.

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Brunswick Bank & Trust v. Heln Mgmt. LLC, 181 A.3d 1030, 453 N.J. Super. 324 (N.J. Ct. App. 2018).

181 A.3d 1030 (Brunswick Bank & Trust v. Heln Mgmt. LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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