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M & D ASSOCIATES v. MANDARA

841 A.2d 441 (2004)

366 N.J. Super. 341

M & D ASSOCIATES, Plaintiff-Respondent, v. Philip MANDARA and Carmelo Mandara, Defendants-Appellants, and Maryann Mandara, the First National Bank of Chicago, as Trustee under that Certain Pooling and Servicing Agreement dated as of April 1, 1995 for RTC Mortgage, Pass-Through Certificates, Series 1995-1, Mrs. Philip Mandara, wife of Philip Mandara, and Mrs. Carmelo Mandara, wife of Carmelo Mandara, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 2004.

Attorney(s) appearing for the Case

Young Johnny Oh argued the cause for appellants (Koulikourdis & Associates, attorneys; Mr. Oh, on the brief).

Susan B. Fagan-Limpert argued the cause for respondent (Robert A. Del Vecchio, attorney; Ms. Fagan-Limpert, of counsel, and on the brief).

No other parties participated in this appeal.

Before Judges PETRELLA and FUENTES.

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

In this appeal, defendants Philip Mandara and Carmelo Mandara challenge the denial of their motion to vacate a foreclosure judgment in connection with tax sale certificates held by plaintiff M & D Associates (M & D).

Defendants argue that the motion judge erred because substantial defects in service of process rendered the judgment void under

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