Ocwen Loan Services, LLC v. Quinn

163 A.3d 349, 450 N.J. Super. 393, 2016 WL 9334712, 2016 N.J. Super. LEXIS 167
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 24, 2016
StatusPublished
Cited by6 cases

This text of 163 A.3d 349 (Ocwen Loan Services, LLC v. Quinn) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ocwen Loan Services, LLC v. Quinn, 163 A.3d 349, 450 N.J. Super. 393, 2016 WL 9334712, 2016 N.J. Super. LEXIS 167 (N.J. Ct. App. 2016).

Opinion

The opinion of the court was delivered by

CARROLL, J.A.D.

Defendants Louisa Wuebbens and David Wuebbens appeal from companion orders entered by the Chancery Division on January 5, [395]*3952015, granting partial summary judgment to plaintiff Ocwen Loan Servicing, LLC,1 and denying defendants’ motion for summary judgment. Applying equitable principles recognized by this court in Sovereign Bank v. Gillis, 432 N.J.Super. 36, 74 A 3d 1 (App. Div. 2013), Judge Margaret Mary McVeigh granted plaintiffs mortgage a lien priority over defendants’ life estates in the mortgaged property. We affirm both orders, substantially for the reasons articulated by Judge McVeigh in her well-reasoned written opinion of January 5, 2015.

The essential facts are undisputed. By deed dated November 12, 2004, defendants conveyed their residential property in Little Falls to their daughter, Marla Wuebbens Quinn. Defendants retained a life estate in the property, and agreed to remain responsible for the maintenance and upkeep of the property, to pay all taxes assessed upon the property, and to maintain adequate insurance.

On December 2, 2005, Marla Wuebbens Quinn, her husband, Thomas Francis Quinn, and defendants executed a $260,000 mortgage on the property in favor of IndyMac Bank, F.S.B. (the 2005 mortgage). The mortgage loan had a thirty-year term through December 2035, with an adjustable interest rate initially set at 1.000% and a maximum cap not to exceed 9.700%. The mortgage further provided that, because the borrowers were initially only making limited monthly payments, the addition of unpaid interest could increase the principal balance to 110% of the $260,000 loan amount, or $286,000.

On September 21, 2007, Marla Wuebbens Quinn refinanced the existing mortgage loan by executing a $380,000 note and mortgage in favor of IndyMac (the 2007 mortgage). Plaintiff alleges, and defendants do not dispute, that the title commitment obtained by IndyMac did not disclose the recorded life estates held by defendants. Consequently, the title commitment did not require defen[396]*396dants to execute the 2007 mortgage, and they did not do so. The new mortgage loan had a thirty-year term, through October 2037, and provided for a fixed annual interest rate of 6.625%.

Indymae’s title commitment did reveal the existence of two open mortgages encumbering the property: its own 2005 mortgage, and a $60,000 second mortgage executed by the Quinns in 2006 in favor of another lender. Both mortgages were satisfied out of the proceeds of the 2007 mortgage loan, with Indymac receiving $265,269.45 to satisfy the 2005 mortgage, and the second lender receiving $57,305.59 to discharge its mortgage. As a result, the 2007 mortgage to Indymac, signed only by Marla Wuebbens Quinn and not by defendants, became the sole mortgage lien on the property.

In May 2009, IndyMac filed a foreclosure action in the Chancery Division against the Quinns on the defaulted 2007 mortgage. Subsequent amendments to the complaint by IndyMac’s assignees added defendants as parties to the action and, among other things, sought to equitably subrogate defendants’ life estate interests in the property to plaintiffs mortgage.

On cross-motions for summary judgment, plaintiff sought an adjudication that defendants’ life estates in the property were subject and subordinate to the lien of plaintiffs 2007 mortgage, plus taxes and insurance advanced by plaintiff and its predecessors while the loan was in default. In turn, defendants sought dismissal of the foreclosure complaint against them on the grounds that they did not sign the 2007 mortgage nor pledge their life estates in connection with the 2007 loan refinancing.

Applying the “equitable principles of GiUis” and the principles of replacement and modification recognized in the Restatement (Third) of Property — Mortgages (1997) (“the Third Restatement”), Judge McVeigh granted plaintiffs motion and denied defendants’ motion. Specifically, the judge permitted plaintiff to step into the shoes of its prior mortgage which its own funds satisfied. However, the judge “capped” the amount of plaintiffs priority at $260,000, and ruled that “[t]o the extent that the [2007] refinance [397]*397exceeds the value of the [2005] mortgage, such a portion of the refinance does not maintain priority” over defendants’ life estates.

Judge McVeigh rejected defendants’ argument that a life estate is a prior property interest that is not subject to principles of equitable subrogation. The judge reasoned:

A life estate has recognizable value. See U.S.C.A. § 1396p(c)(1)(J) (referring to the purchase of a life estate as an asset). The same equitable principles] that allow one mortgage to take the place of another in priority are applicable when deciding priority between a life estate and the mortgage. Just as equity is concerned with the prejudice to the lenders of mortgages, here too we look at the prejudice to the parties.
[Defendants] signed a mortgage in the amount of $260,000 as possessors of a life estate. While [defendants] may have signed the mortgage as an act of kindness and love to them daughter, the fact remains [defendants] were parties to the 2005 mortgage and thus subjected them life estate to this foreclosure action. This [c]ourt sees no procedural or substantive defect which would challenge the validity of the 2005 mortgage.
At the time Marla Wuebbens Quinn signed the refinance with IndyMac, $265,269.45 was used to pay down the original $260,000 mortgage. [Defendants] are not prejudiced by having the refinanced mortgage take the place of the original mortgage, as they acknowledged that note and mortgage. Enforcing the refinanced mortgage against [defendants] puts them in the same position they were in as signers of the original mortgage. The life estates of [defendants] are subject to the refinance because of them participation in the signing of the original mortgage.

Additionally, the judge determined that defendants’ life estates in the property were subject and subordinate to an additional $43,019.85 in taxes and insurance advanced by the various lenders in accordance with the terms of the mortgage documents. This appeal followed.

Our scope of review is limited. Decisions as to the application of an equitable doctrine are left to the sound discretion of the trial judge, and we will not substitute our judgment for that of the trial judge in the absence of a clear abuse of discretion. Kurzke v. Nissan Motor Corp. in U.S.A., 164 N.J. 159, 165, 752 A.2d 708 (2000).

On appeal, defendants argue that the trial court erred in subordinating their life estates to plaintiffs mortgage lien, thus allowing for the foreclosure of their life estates. Aternatively, they [398]*398argue that the trial court erred in not conducting a hearing on the validity of the 2005 mortgage. We disagree. We have considered defendants’ arguments and find them without merit. R. 2:11-3(e)(1)(E). We affirm substantially for the reasons expressed in Judge McVeigh’s cogent written opinion. We add the following comments.

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Bluebook (online)
163 A.3d 349, 450 N.J. Super. 393, 2016 WL 9334712, 2016 N.J. Super. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocwen-loan-services-llc-v-quinn-njsuperctappdiv-2016.