NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3572-17T4

CLARKSBORO, LLC,

Plaintiff-Respondent,

v. 

MARK KRONENBERG, 

Executor of the ESTATE 

OF ELBRIDGE KRONENBERG, 

MARK KRONENBERG, 

individually, ERICH V.

KRONENBERG, NICHOLE 

KRONENBERG, wife of ERICH 

KRONENBERG, TLG INVESTMENTS, 

LLC, GREAT COVE MARINA, INC.,

BRUNSWICK CORP., DANIEL 

O'HEARN, RCM HOLDINGS, LLC,

VERIZON DIRECTORY SERVICES

f/k/a BELL ATLANTIC n/k/a DEX 

MEDIA, NATIONAL CITY BANK 

n/k/a PNC BANK, NA, CAVALRY 

SPVI, LLC, SUZANNE W. GINTER,

and STATE OF NEW JERSEY,

Defendants,

and

US BANKCUST/

SASS MUNI VI DTR,

Defendant-Appellant.

___________________________________

APPROVED FOR PUBLICATION

May 16, 2019

APPELLATE DIVISION
2

A-3572-17T4

Argued April 3, 2019 – Decided May 16, 2019

Before Judges Koblitz, Currier and Mayer.

1

On appeal from Superior Court of New Jersey, 

Chancery Division, Morris County, Docket No. F031537-16.

Susan B. Fagan-Rodriguez argued the cause for 

appellant (Rodriguez Law Group, LLC, attorneys; 

Susan B. Fagan-Rodriguez, on the brief).

Elliott J. Almanza argued the cause for respondent 

(Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi 

& Gill, attorneys; Keith A. Bonchi, of counsel and on 

the brief; Elliott J. Almanza, on the brief).

The opinion of the court was delivered by 

KOBLITZ, P.J.A.D.

In this tax foreclosure matter, defendant, U.S. Bank-Cust/Sass Muni VI 

DTR (U.S. Bank), a large tax lien investment fund, appeals from the January 10, 

2018 final judgment and the February 22, 2018 order denying its motion to 

vacate final judgment. U.S. Bank had previously obtained ownership of real 

property by foreclosing on a tax sale certificate, and then failed to pay property 

taxes. The Chancery Division granted the opposed motion for final judgment 

 

1

Judge Mayer did not participate in oral argument. She joins the opinion with 

counsel's consent. R. 2:13-2(b).
3

A-3572-17T4

without affording the requested oral argument or providing a cogent reason to 

deny argument. U.S. Bank thus was not told when final judgment would be 

entered, which would also end its redemption period. Because oral argument 

was not provided, we reverse.

On November 21, 2016, Christiana Trust filed the present complaint to 

foreclose the tax sale certificate. Christiana Trust named U.S. Bank as a 

defendant because of a prior tax certificate held on the property. On June 8, 

2017, defendant was served with an "order fixing the time, place and amount of 

redemption." The order fixed July 24, 2017 as the time for redemption. 

Defendant did not file an answer or otherwise plead. Defendant did, however,

file a notice of appearance in August 2017.2 

On August 14, 2017, Christiana Trust3filed a motion for final judgment 

with the Foreclosure Unit of the Superior Court. Defendant asserts it

was "unable to complete resolution of the environmental assessment by the time 

[p]laintiff moved for entry of final judgment." Defendant opposed the motion 

 

2

 Defendant explains it "did not file an answer to the tax foreclosure complaint 

as it did not intend to delay the matter by offering spurious defenses" and instead 

filed the notice of appearance "to keep track of the progress of the case while 

conducting the environmental inquiry." 

3

 Two weeks later plaintiff Clarksboro, LLC took an assignment of the 

certificate, substituting into the matter. 
4

A-3572-17T4

and sought a temporary stay, alleging it had filed a complaint in 2013, obtained 

final judgment in 2016, and owned the property. Defendant certified the 

property had "extensive environmental problems." Defendant asserted it was

"attempting to sell the [p]roperty," and "hope[d] to have a contract to sell the 

[p]roperty in the near future." After opposition was filed, the Foreclosure Unit 

sent the contested matter to the Chancery Division.

On January 10, 2018, the court entered final judgment. In its statement of 

reasons, the court explained: 

Defendant fails to demonstrate any of the [Crowe v. 

DeGioia, 90 N.J. 126 (1982)] factors. Defendant raises 

no valid legal argument or defense that would defeat 

[p]laintiff's right to proceed with the foreclosure. 

Defendant asserts that it is in the process of attempting 

to sell the property and it hopes to have a contract to 

sell same in the near future. On the other hand, 

[d]efendant has not paid the concurrent property taxes 

although it completed its own foreclosure and has held 

an unrecorded ownership interest for the past sixteen 

months since May 2016. Further, [p]laintiff argues that 

[d]efendant is a large investment fund with financial 

ability to redeem the tax lien, and that it could easily 

redeem the tax lien and preserve its interest. The court 

is persuaded that equities favor [p]laintiff as [p]laintiff 

has been paying property taxes to secure the priority of 

its lien, and [d]efendant has failed to demonstrate any 

elements that warrant stay of the entry of final 

judgment.
5

A-3572-17T4

The order further provided: "Plaintiff did not request oral argument. Defendant 

opposed and requested oral argument. The court did not hear oral argument 

pursuant to Palombi v. Palombi, 414 N.J. Super. 274 (App. Div. 2010)." 

In Palombi, we considered Rule 5:5-4 in the context of a litigious family 

matter. Rule 5:5-4(a) states, in pertinent part: 

Motions in family actions shall be governed by [Rule]

1:6-2(b) except that, in exercising its discretion as to 

the mode and scheduling of disposition of motions, the 

court shall ordinarily grant requests for oral argument 

on substantive and non-routine discovery motions and 

ordinarily deny requests for oral argument on calendar 

and routine discovery motions.

[(emphasis added).]

Thus, the Family Part rule does not mandate oral argument for substantive 

motions.

Defendant argues the court abused its discretion in denying oral argument 

because the motion was dispositive and involved substantive issues. Rule 1:6-

2(d) provides: 

Except as otherwise provided by Rule 5:5-4 (family 

actions), no motion shall be listed for oral argument 

unless a party requests oral argument in the moving 

papers or in timely-filed answering or reply papers, or 

unless the court directs. A party requesting oral 

argument may, however, condition the request on the 

motion being contested. If the motion involves pretrial 

discovery or is directly addressed to the calendar, the 
6

A-3572-17T4

request shall be considered only if accompanied by a 

statement of reasons and shall be deemed denied unless 

the court otherwise advises counsel prior to the return 

day. As to all other motions, the request shall be 

granted as of right.

[(emphasis added).]

In Vellucci v. Dimella, 338 N.J. Super. 345, 347 (App. Div. 2001), we 

addressed Rule 1:6-2:

[I]t should hardly be necessary to point out that Rule

1:6-2 sets forth an entitlement to oral argument on 

substantive motions when argument is properly 

requested. The trial court retains discretion as to 

whether oral argument is necessary or appropriate when 

"the motion involves pretrial discovery or is directly 

addressed to the calendar . . . ." R. 1:6-2(d). But, "[a]s 

to all other motions the request shall be granted as of 

right."

[338 N.J. Super. at 347 (alteration in original).]

Similarly, in Raspantini, we discussed the requirement for a court to set forth 

the reason for denying oral argument:

In light of the clear mandate of [Rule 1:6-2(d)], because

defendants' initial motion sought dispositive relief, 

plaintiffs' request for oral argument should have been 

granted as of right. While a request for oral argument 

respecting a substantive motion may be denied, see 

Great Atlantic and Pacific Tea Co. v. Checchio, 335 

N.J. Super. 495, 497-98 (App. Div. 2000); Spina 

Asphalt Paving v. Fairview, 304 N.J. Super. 425, 427 

n.1 (App. Div. 1997); cf. Cobra Products, Inc. v. 

Federal Ins. Co., 317 N.J. Super. 392, 396 (App. Div. 
7

A-3572-17T4

1998), the reason for the denial of the request, in that 

circumstance, should itself be set forth on the record. 

[Raspantini v. Arocho, 364 N.J. Super. 528, 531-32 

(2003).]

Here, the court did not provide a case-specific reason for denying oral 

argument when granting plaintiff's opposed motion to enter judgment. Citing to 

Palombi, a post-divorce appeal that relies on a Family Part rule, is insufficient. 

For the first time at oral argument before us, defendant raises an issue 

springing from the fact that the court not only denied oral argument, but it also 

failed to inform the parties of the return date on the motion. The motion was 

originally filed with the Foreclosure Unit on August 14, 2017 and finally 

decided by the court on January 10, 2018. Defendant argues that the failure to 

inform the parties of the return date, the date on which final judgment might be 

entered, deprived defendant of its full right to redeem.

"After two years, the purchaser of the tax sale certificate . . . may 

commence a proceeding known as a tax sale foreclosure to foreclose or bar the 

property owner's right of redemption." Town of Phillipsburg v. Block 1508, Lot 

12, 380 N.J. Super. 159, 163 (App. Div. 2005) (quoting Savage v. Weissman, 

355 N.J. Super. 429, 436 (App. Div. 2002)). The property owner maintains "the 

right to redeem the tax sale certificate at any time before the final date for 
8

A-3572-17T4

redemption set by the court, N.J.S.A. 54:5-54, and 'until barred by the judgment 

of the Superior Court.'" Simon v. Cronecker, 189 N.J. 304, 319 (2007) (quoting 

N.J.S.A. 54:5-86(a)); see also R. 4:64-6(b) ("[r]edemption may be made at any 

time until the entry of final judgment"). "The holder of a prior tax sale certificate 

has an absolute right of redemption until that right is cut off by a judgment in 

foreclosure." Town of Phillipsburg, 380 N.J. Super. at 165. "[I]f the certificate 

is not redeemed by a party before the date set in the court's order of redemption 

and entry of final judgment, [the purchaser may] obtain an absolute, indefeasible 

estate in fee simple." Id. at 167 (quoting Simon v. Rando, 374 N.J. Super. 147, 

152 (App. Div. 2005)).

Thus, defendant had the right to redeem up until final judgment was 

entered on the return date of the motion to enter final judgment. In these 

circumstances, the court should inform the parties of the return date of the 

motion. Granting oral argument would also inform the parties of the return date. 

Because this issue was not raised until oral argument before us, we do not decide 

the matter on that basis. See Zaman v. Felton, 219 N.J. 199, 226-27 (2014). We 

vacate final judgment because oral argument was not provided, nor a valid 

reason given to deny argument. We do not reach defendant's argument regarding 

the February 22, 2018 denial of its motion to vacate final judgment.
9

A-3572-17T4

Reversed and remanded for further proceedings. We do not retain 

jurisdiction.