SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2583-20

 

CAPITAL ONE, N.A.,

Plaintiff-Respondent,

v.

LEWIS WU and HYEYEON YUN,

Defendant-Appellants,

and

PARK PLACE CONDOMINIUM 

ASSOCIATION, ACE GAMING 

LLC, t/a THE SANDS, TRUMP 

TAJ MAHAL ASSOCIATES, f/k/a 

TRUMP TAJ MAHAL 

ASSOCIATES LP, t/a TRUMP TAJ 

MAHAL CASINO RESORT, LML 

SUPERMARKETS, INC., MARINA 

DISTRICT DEVELOPMENT CO., 

LLC, t/a BORGATA, ATLANTIC

CITY SHOWBOAT, INC., a/k/a 

ATLANTIC CITY SHOWBOAT, 

d/b/a SHOWBOAT CASINO 

HOTEL, SUMMIT IMPORT

CORPORATION, CELLULAR-ONE

METROPHONE, FIRST TRENTON, 

as subrogee of IRENE KASBARIAN, 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the 

internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
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A-2583-20

ALBERT UJUETA, d/b/a 

BUSINESS EXCHANGE

ENTERPRISES, and STATE OF 

NEW JERSEY,

Defendants.

______________________________

Submitted August 2, 2022 – Decided August 22, 2022

Before Judges Sumners and Gummer.

On appeal from the Superior Court of New Jersey, 

Chancery Division, Bergen County, Docket No. 

F-002400-11.

Lewis Wu and Hye Yeon Yun, appellants pro se.

 Respondents have not filed a brief.

PER CURIAM

In this residential foreclosure matter, defendants Hye Yeon Yun and 

Lewis Wu appeal without opposition from the Chancery Division's April 30, 

2021 order denying their motion to set aside a September 6, 2019 sheriff's sale. 

We affirm. 

For the sake of brevity, we incorporate by reference the facts and 

procedural history set forth at length in our two unpublished decisions involving 

the parties' dispute. In the first decision, we affirmed the trial court's May 1, 

2018 order denying Wu's reconsideration motion to vacate the January 23, 2018 
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A-2583-20

final judgment of foreclosure. Capital One v. Wu, No. A-5033-17 (App. Div. 

Feb. 7, 2020) (slip op. at 2). In the second decision, we affirmed the March 19, 

2019 order denying Wu's fourth motion to vacate the January 23, 2018 final 

judgment of foreclosure in the amount of $4,083,644.65. Capital One v. Wu, 

No. A-4020-18 (App. Div. Nov. 19, 2020) (slip op. at 2).

1

In this appeal, defendants contend the April 30, 2021 order denying their 

motion to set aside a September 6, 2019 sheriff's sale should be reversed because 

the underlying foreclosure judgment was invalid due to improper service on 

Yun. In a nine-page rider attached to the April 30 order, Judge James J. Deluca

explained in detail that defendants' motion was essentially a reconsideration 

motion disguised as a motion to vacate because it sought "to relitigate issues 

which ha[d] already been decided . . . in prior, identical motions." The judge 

pointed out that "throughout these proceedings, [defendants] failed to overcome 

[p]laintiff's prime facie right to foreclosure on the [p]roperty." In particular, the 

judge held "[d]efendants' contention that . . . Yun was improperly served is 

belied by the exhibits which [d]efendants have attached to their own [m]otion 

which clearly demonstrate that both [d]efendants, . . . were properly served. The 

1

 Wu's petition for certification was denied. Capital One, N.A. v. Wu, 247 N.J. 

220 (2021).
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instant [m]otion simply rehashes and reargues matters already decided." The 

judge further stressed that defendants' answer and affirmative defenses had been

stricken, the property was sold by the successful bidder to a third-party 

purchaser for value, and defendants knowingly failed to act on their right to 

redeem the property. 

Having considered defendants' contentions, we conclude that their

arguments are without sufficient merit to warrant discussion in a written 

opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the cogent reasons 

expressed by Judge Deluca in his rider. 

Affirmed.