Jonathan Addo v. Newrez LLC
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 13, 2026
DocketA-2712-24/A-2742-24
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE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.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2712-24
A-2742-24
JONATHAN ADDO,
Plaintiff-Appellant,
v.
NEWREZ LLC d/b/a
SHELLPOINT MORTGAGE
SERVICING,
Defendant-Respondent.
________________________
NEWREZ LLC d/b/a
SHELLPOINT MORTGAGE
SERVICING,
Plaintiff-Respondent,
v.
JONATHAN ADDO,
Defendant-Appellant,
and
NEW JERSEY MANUFACTURERS
INSURANCE,
Defendant.
_______________________________
Submitted October 28, 2026 – Decided November 13, 2026
Before Judges Mayer and Smith.
On appeal from the Superior Court of New Jersey, Law
Division and Chancery Division, Burlington County,
Docket Nos. L-1339-24 and F-003750-23.
Jonathan Addo, self-represented appellant.
Husch Blackwell LLP, attorneys for respondent in A-
2712-24 (Laura K. Conroy, of counsel and on the brief).
Hladik Onorato & Federman, LLP, attorneys for
respondent in A-2742-24 (Robert W. Williams, on the
brief).
PER CURIAM
These appeals are calendared back-to-back and consolidated for the
purpose of issuing a single opinion. The appeal in Docket No. A-2742-24 relates
to the foreclosure of real property at 45 Hopewell Lane in Willingboro
(property) by Newrez LLC d/b/a Shellpoint Mortgage Servicing (Shellpoint)
(foreclosure action). The appeal in Docket No. A-2712-24 involves a claim for
damages by the former property owner, Jonathan Addo, against Shellpoint. We
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dismiss the appeal in the foreclosure action and affirm the orders on appeal in
the Addo action.
Starting with the foreclosure action, on November 28, 2023, Shellpoint
obtained a default judgment of foreclosure related to the property. On April 25,
2024, Shellpoint sold the property at a sheriff's sale. Six months later, an
innocent third party acquired title to the property.
On March 18, 2025, well after the sale of the property to the innocent third
party and sixteen months after entry of the foreclosure judgment, Addo moved
to set aside the foreclosure judgment and regain possession of the property. He
argued the foreclosure judgment should be vacated because there was no
personal jurisdiction, no subject matter jurisdiction, no enforceable lien, and
Shellpoint violated the New Jersey Court Rules.
On April 21, 2025, citing Rule 4:50-1, the judge denied the motion to
vacate the foreclosure judgment. The judge found Addo failed to satisfy any of
the requirements under Rule 4:50 to justify relief from the foreclosure judgment.
He concluded Addo was "improperly attempting to get another chance to contest
the validity of the [f]oreclosure [a]ction by asserting a challenge to Shellpoint's
standing, which is an essential and 'germane' claim in [f]oreclosure."
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In June 2024, after the property had been sold at a sheriff's sale, Addo
filed an action against Shellpoint (Addo action). The Addo action asserted the
following defenses to the foreclosure judgment: (1) "Validation of Debt;
Accounting"; (2) "Breach of Contract"; (3) "Holder in Due Course"; and (4)
"Commencement of Foreclosure; Violation of Due Process." Addo also sought
damages against Shellpoint based on the alleged improper foreclosure judgment.
In lieu of filing an answer, Shellpoint moved to dismiss the Addo action .
It argued Addo improperly sought to relitigate the foreclosure action, and the
claims in the Addo action were precluded by res judicata, collateral estoppel,
and the entire controversy doctrine. Shellpoint asserted the claims in the Addo
action regarding standing, the mortgage, and right to due process were germane
to the foreclosure action and had already been fully adjudicated.
In opposing dismissal of the Addo action, Addo renewed many of the same
arguments he previously raised, which the judge rejected in the motion to vacate
the foreclosure judgment. He further asserted the Addo action was separate and
distinct from the foreclosure action.
The judge granted Shellpoint's motion and dismissed the Addo action with
prejudice. The judge explained the allegations in the Addo action were "either
redundant to or issues that should have been and could have been raised in the
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context of the foreclosure action." The judge concluded the Addo action sought
to "re-litigate" the same issues adjudicated in the foreclosure action and,
therefore, the claims in the Addo action were barred by res judicata, collateral
estoppel, and the entire controversy doctrine.
Addo filed two separate appeals. In Docket No. A-2712-24, Addo
appealed the order denying his motion to vacate the judgment in the foreclosure
action. In Docket No. A-2742-24, Addo appealed all orders leading to the
dismissal of the Addo action.
The Foreclosure Action
We first address whether Addo's appeal in the foreclosure action should
be dismissed as moot. "A case is moot if the disputed issue has been resolved,
at least with respect to the parties who instituted the litigation." Caput Mortuum
L.L.C. v. S & S Crown Servs., Ltd., 366 N.J. Super. 323, 330 (App. Div. 2004).
Dismissal is appropriate when "a judgment cannot grant effective relief, or there
is no concrete adversity of interest between the parties." Ibid. "An issue is 'moot
when our decision sought in a matter, when rendered, can have no practical
effect on the existing controversy." Redd v. Bowman, 223 N.J. 87, 104 (2015)
(quoting Deutsch Bank Nat'l Tr. Co. v. Mitchell, 422 N.J. Super. 214, 221-22
(App. Div. 2011)).
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Having reviewed the record, Addo's appeal in the foreclosure action is
moot. This court cannot undue the foreclosure action because an innocent third
party now owns the property. Moreover, this court is unable to grant Addo the
right to regain the property under the present circumstances. Because this court
cannot effectively grant relief to Addo, the foreclosure action is moot and we
dismiss that appeal.
Additionally, we dismiss Addo's appeal in the foreclosure action for
failure to comply with the New Jersey Court Rules. Appellants are required to
reference the record on appeal. See R. 2:6-8. Further, submission of an
inadequate appellate brief, requiring the appellate court "independent[ly]
examin[e]" the record or research the law, violates Rule 2:6-9.
In both appeals, Addo repeatedly referenced factual assertions without
support or citation to the record as required by the Court Rules. Addo also
violated his duty to this court by citing non-existent case law along with cases
that failed to support his legal arguments. Although Addo is a self-represented
litigant, he is held to the same standard of compliance with the Court Rules as
an attorney. See Mims v. City of Gloucester, 479 N.J. Super. 1, 4 (App. Div.
2024). These deficiencies in Addo's appellate submissions provide an
alternative basis for dismissal of both appeals.
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Regarding the merits of Addo's appeal in the foreclosure action, we are
satisfied the judge properly denied the motion to vacate the foreclosure
judgment as untimely under Rule 4:50-2. Motions to vacate judgment must be
"made within a reasonable time." R. 4:50-2. Motions based on Rule 4:50-1(a)
(mistake, inadvertence, surprise, or excusable neglect), (b) (newly discovered
evidence), or (c) (fraud, misrepresentation, or other misconduct) impose a strict
one-year time limit for filing for relief from a judgment. See Romero v. Gold
Star Distribution, 468 N.J. Super. 274, 296 (App. Div. 2021).
Here, Addo failed to file the motion to vacate the foreclosure judgment
until sixteen months after the entry of that judgment and after the sale of the
property to an innocent third party purchaser. Addo offers no reasonable
explanation for the sixteen-month delay in moving to vacate the foreclosure
judgment. Thus, the judge correctly denied the motion to vacate the foreclosure
judgment as untimely.
Additionally, Addo raised arguments for the first time related to his appeal
in the foreclosure action. His newly asserted arguments were not presented to
the trial court. We "decline to consider questions or issues not properly
presented to the trial court when an opportunity for such a presentation is
available 'unless the questions raised on appeal go to the jurisdiction of the trial
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court or concern matters of great public interest.'" Nieder v. Royal Indem. Ins.
Co., 62 N.J. 229, 234 (1973) (quoting Reynolds Offset Co., Inc. v. Summer, 58
N.J. Super. 542, 548 (App. Div. 1959)). Addo's new arguments do not address
the trial court's jurisdiction nor concern matters of significant public interest.
Thus, we decline to consider Addo's newly asserted arguments on appeal.
The Addo Action
We next consider Addo's appeal from dismissal of the Addo action. Addo
argues the judge erred in granting Shellpoint's dismissal motion based on the
entire controversy doctrine, res judicata, and collateral estoppel. Addo raises
the same arguments presented in his appeal from the foreclosure action.
We review de novo a trial court's decision on a motion to dismiss a
complaint under Rule 4:6-2(e) for failure to state a claim upon which relief may
be granted. Baskin v. P.C. Richard & Son, LLC, 246 N.J. 157, 171 (2021). On
review, we examine the motion "by the same standard applied by the trial court;
thus, considering and accepting as true the facts alleged in the complaint, [and]
determin[ing] whether they set forth a claim upon which relief can be granted. "
Sickles v. Cabot Corp., 379 N.J. Super. 100, 106 (App. Div. 2005).
We review dismissal of an action applying preclusive doctrines such as
the entire controversy doctrine, res judicata, and collateral estoppel de novo.
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Selective Ins. Co. v. McAllister, 327 N.J. Super. 168, 173 (App. Div. 2000).
After reviewing the record, we are satisfied all three preclusive doctrines barred
the claims in the Addo action.
The entire controversy doctrine "embodies the principle that the
adjudication of a legal controversy should occur in one litigation in only one
court." Wadeer v. New Jersey Mfrs. Ins. Co., 220 N.J. 591, 605 (2015) (quoting
Highland Lakes Country Club & Cmty. Ass'n v. Nicastro, 201 N.J. 123, 125
(2009)). Rule 4:30A provides that "[n]on-joinder of claims required to be joined
by the entire controversy doctrine shall result in the preclusion of the omitted
claims to the extent required by the entire controversy doctrine." The entire
controversy doctrine requires joinder of claims that "'arise from related facts or
the same transaction or series of transactions' but need not share common legal
theories." Bank Leumi USA v. Kloss, 243 N.J. 218, 226 (2020) (quoting
Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, PC, 237
N.J. 91, 119 (2019)). "The doctrine may be applied even against a party which
defaults in the first proceeding." Joan Ryno, Inc. v. First Nat. Bank of S. Jersey,
208 N.J. Super. 562, 569 (App. Div. 1986) (citing Mori v. Hartz Mountain
Development Corp., 193 N.J. Super. 47, 55-56 (App. Div. 1983)).
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"Res judicata, like the entire controversy doctrine, serves the purpose of
providing 'finality and repose; prevention of needless litigation; avoidance of
duplication; reduction of unnecessary burdens of time and expenses; elimination
of conflicts, confusion and uncertainty; and basic fairness[.]'" Wadeer, 220 N.J.
at 606 (alterations in original) (quoting First Union Nat'l Bank v. Penn Salem
Marina, Inc., 190 N.J. 342, 352 (2007) (internal quotation marks omitted)). Res
judicata "'contemplates that when a controversy between parties is once fairly
litigated and determined it is no longer open to relitigation.'" Ibid. (quoting
Lubliner v. Bd. of Alcoholic Beverage Control, 33 N.J. 428, 435 (1960)).
"Application of res judicata 'requires substantially similar or identical causes of
action and issues, parties, and relief sought,' as well as a final judgment." Ibid.
(quoting Culver v. Ins. Co. of N. Am., 115 N.J. 451, 460 (1989)). Courts assess
the similarity of causes of action by considering:
(1) whether the acts complained of and the demand for
relief are the same (that is, whether the wrong for which
redress is sought is the same in both actions); (2)
whether the theory of recovery is the same; (3) whether
the witnesses and documents necessary at trial are the
same (that is, whether the same evidence necessary to
maintain the second action would have been sufficient
to support the first); and (4) whether the material facts
alleged are the same.
[Id. at 606-07 (quoting Culver, 115 N.J. at 461-62).]
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"Collateral estoppel bars 'the relitigation of an issue that has already been
litigated and resolved in a prior proceeding.'" In re Liquidation of Integrity Ins.
Co./Celotex Asbestos Tr., 214 N.J. 51, 67 (2013) (quoting Pleming v. Universal-
Rundle Corp., 142 F.3d 1354, 1359 (11th Cir. 1998)). "[T]he application of
collateral estoppel is an issue of law to be determined by a judge in the second
proceeding after giving appropriate weight to the factors bearing upon the
issues." Selective Ins. Co., 327 N.J. Super. at 173 (citing Colucci v. Thomas
Nicol Asphalt Co., 194 N.J. Super. 510, 518 (App Div. 1984)). To invoke the
doctrine of collateral estoppel to preclude subsequent litigation, a party must
demonstrate:
(1) the issue to be precluded is identical to the issue
decided in the prior proceeding; (2) the issue was
actually litigated in the prior proceeding; (3) the court
in the prior proceeding issued a final judgment on the
merits; (4) the determination of the issue was essential
to the prior judgment; and (5) the party against whom
the doctrine is asserted was a party to or in privity with
a party to the earlier proceeding.
[Penn Salem Marina, 190 N.J. at 352 (quoting Henessey
v. Winslow Twp., 183 N.J. 593, 599 (2005)).]
We have applied the entire controversy doctrine,
res judicata, and collateral estoppel in foreclosure
actions to prevent needless relitigating of the same
issues. See Adelman v. BSI Fin. Servs., Inc., 453 N.J.
Super. 31 (App. Div. 2018). In Adelman, we
considered a claim by a borrower whose home was
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foreclosed, failed to timely pursue a germane defense,
and then sued the lender in a separate suit. Id. at 34.
We affirmed the dismissal of the borrower's complaint
under the entire controversy doctrine, res judicata, and
collateral estoppel because the borrower improperly
attempted to relitigate the same claim related to that
foreclosure action and the issues in the borrower's
separate suit could have been fully litigated had the
borrower raised the issues in a timely fashion. Id. at
40-41.
Addo contends these preclusive doctrines are inapplicable because his
complaint in the Addo action seeks different relief from the relief he requested
in the foreclosure action. We disagree.
The judge correctly dismissed the Addo action under the entire
controversy doctrine. Addo cannot pursue a separate action asserting the same
facts or underlying transaction. The claims in the Addo action were germane to
the foreclosure action as defenses to foreclosure, including validation of debt,
breach of the mortgage contract, lack of standing, and improper service of
process. These defenses could and should have been asserted by Addo in the
foreclosure action but were not timely raised.
Additionally, the judge correctly held the Addo action was barred by res
judicata. The foreclosure action resulted in a final judgment against Addo. The
foreclosure action and the Addo action concerned the final foreclosure judgment
and Addo's objection to the foreclosure. Both actions concern the same
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underlying theory that Shellpoint's foreclosure was invalid. Further, the same
evidence is needed for both matters because Addo challenges the validity of
Shellpoint's mortgage and its standing to pursue foreclosure. Moreover, the
material facts in both actions are the same—Shellpoint's alleged failure to
properly serve the foreclosure action resulting in a purported violation of Addo's
right to due process.
Further, the judge properly dismissed the Addo action as barred by
collateral estoppel. Addo is a party in both the foreclosure action and the Addo
action. The issues of proper service of the foreclosure complaint and the validity
of Shellpoint's mortgage and standing to pursue foreclosure were fully litigated
in the foreclosure action. The foreclosure action resulted in a final judgment
against Addo. The judge in the foreclosure action determined the foreclosure
was lawful and upheld Shellpoint's right to pursue foreclosure.
To the extent we have not addressed Addo's remaining arguments in either
appeal, they lack sufficient merit to warrant discussion in a written opinion. R.
2:11-3(e)(1)(E).
Dismissed in the foreclosure action, Docket No. A-002712-24. Affirmed
in the Addo action, Docket No. A-002742-24.
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