GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT U.S. BANK NATIONAL ASSOCIATION, as Trustee for Adjustable Rate Mortgage Trust , Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series vs. Plaintiff, GILMAR MORALES; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for NJ Lenders Corp., its successors and assigns; STATE OF NEW JERSEY Defendants, SUPERIOR COURT OF NEW JERSEY MORRIS COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to MADISON TITLE AGENCY that it has reviewed the proceedings currently on file in the Superior Court Clerk s office for the above entitled action and reports the same regular as to form, except as hereinafter noted. YOUR REFERENCE # MTANJ TITLE OFFICER

2 Complaint to Foreclose Filed October 14, 2009 Phelan Hallinan & Schmieg, P.C., Attorneys for Plaintiff Summons dated November 18, 2009 (See returns of service for Gilmar Morales and Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns annexed hereto.) Notice to State Filed February 17, 2010 Service of the Notice and Complaint is hereby acknowledged this 20th day of November, 2009, on behalf of the State of New Jersey., Attorney General by: Ellen S. Seitz. Request and Certification of Default as to Gilmar Morales; Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns; State of New Jersey Filed February 17, 2010 Default Filed February 17, 2010 Notice of Partial Dismissal as to Mrs. Gilmar Morales, his wife Filed February 17,

3 Notice of Motion for Entry of Judgment Filed September 17, 2010 Notice is directed to Gilmar Morales at 83 Park Avenue, Maplewood, NJ 07040; Mortgage Electronic Registration Systems, Inc., as nominee for N J Lenders Corp., its successors and assigns c/o Corporation Trust Company, R.A., 820 Bear Tavern Road, West Trenton, NJ 08628; and State of New Jersey c/o Attorney General of NJ, CN-080, Hughes Justice Complex, Trenton, NJ Certification of Service Filed September 17, 2010 On August 17, 2010, a copy of the Notice of Motion for Entry of Judgment and Certification of Amount Due was mailed to the parties to whom the Notice is directed. Certification in Support of Service Filed September 17, 2010 Certification sets forth that a Notice of Foreclosure Mediation Availability and related forms was served with Summons and Complaint and mailed with the Notice of Motion for Entry of Final Judgment. Proof of Mailing Filed September 17, 2010 On December 7, 2009, a Notice to Residential Tenants of Rights During Foreclosure was sent via certified and regular mail to Tenant at Harrison Street, Morristown, NJ

4 Certification of Military Status Filed September 17, 2010 Certification sets forth that Gilmar Morales is currently not an active member of the military service of the United States, or its allies. (Department of Defense Manpower Data Center report annexed thereto.) Proof of Mailing Filed September 17, 2010 On June 24, 2010,a copy of the filed default was sent via regular mail to each of the defendants at the address at which each was previously served with process. Certification of Mailing Filed September 17, 2010 On June 24, 2010, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by certified and regular mail to Gilmar Morales at the following addresses: Harrison Street, Morristown, NJ and 83 Park Avenue, Maplewood, NJ More than ten days have passed since receipt of the notice by the debtor and no response has been received. Certification of Search Fees Filed September 17, 2010 Total fees requested $ Certification of Proof of Amount Due Filed September 17, 2010 Certification by a representative of the plaintiff sets forth that there is due the sum of $452, on its mortgage together with interest to grow due thereon from July 28, The property described in the Complaint cannot be divided and should be sold as a single tract. 3

5 Substitution of Attorney Filed February 1, 2013 NOTE: WE FAIL TO FIND A COPY OF THE SUBSTITUTION OF ATTORNEY FILED ON FEBRUARY 1, 2013 WITHIN THE COURT CASE JACKET. HOWEVER, THE COURT DOCKET INDICATES SAID PLEADING WAS FILED AS NOTED. Letter Withdrawing Final Judgment Application Filed February 13, 2013 Letter Withdrawing Final Judgment Application RECEIVED May 10, 2013 Foreclosure Dismissal Warning Notice (Lack of Prosecution) Filed February 14, 2014 Amended Complaint to Foreclose Filed March 4, 2014 Phelan Hallinan & Diamond, PC, Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Gilmar Morales to Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns to secure the sum of $408, Obligation and mortgage dated February 14, The mortgage was recorded in Morris County on February 27, 2006 in Book 20282, Page 281. This is not a purchase money mortgage. 4

6 A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. The Note and Mortgage have been assigned as follows: On October 13, 2009, Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns assigned the mortgage to US Bank National Association, as Trustee for CSFB ARMT The assignment was recorded November 30, 2009 in Book 21441, Page By assignment of mortgage executed on November 8, 2013, US Bank National Association, as Trustee for CSFB ARMT , by Wells Fargo Bank, N.A. as their Attorney-In-Fact assigned the mortgage to U.S. Bank National Association, as Trustee for Adjustable Rate Mortgage Trust , Adjustable Rate Mortgage-Backed, Pass- Through Certificates, Series The assignment was recorded on November 25, 2012 in Book 22459, Page Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns is named a party defendant herein for any lien, claim or interest it may have in, to, or on the mortgaged premises by virtue of the following mortgage: Gilmar Morales to Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns, dated February 14, 2006 and recorded February 27, 2006 in Book 20282, Page 300, to secure $25, The State of New jersey is named a party defendant herein for any lien, claim or interest it may have in, to, or on the mortgaged premises by virtue of the following judgment: Div of Motor Vehicles versus Gilmar Y. Morales filed in the Superior Court of New Jersey, Judgment No.: DJ entered on December 27, 2006 in the amount of $ plus costs and interest. By virtue of a default in the payment of the obligation and mortgage, plaintiff has elected to call the whole of the principal sum due. The Notice of Intention was mailed to the debtors in compliance with the Fair Foreclosure Act. 5

7 WHEREFORE, Plaintiff demands judgment: Fixing the amount due on the mortgage; Barring and foreclosing all of the defendants of all equity or redemption in and to the aforesaid lands; Directing that plaintiff be paid the amount due to plaintiff as provided in the mortgage together with interest and costs; Adjudging that the lands described above be sold according to law to satisfy the amount due to plaintiff; Appointing a receiver of rents, issues and profits of the lands described above. SECOND COUNT By the terms of the obligation and mortgage, plaintiff is entitled to possession of the premises described in the First Count. The plaintiff became entitled to possession of the premises described in the First Count. The defendants have or may claim to have certain rights in the premises and have deprived the plaintiff of possession of the premises aforesaid. WHEREFORE, Plaintiff demands judgment against the defendants: For possession of said premises in favor of plaintiff, its successors or assignee and/or the purchaser at a foreclosure sale; For damages for mesne profits; For costs. By: The Amended Complaint is signed, Phelan Hallinan & Diamond, PC Shirley E. Pimm, Esq. Attorney for Plaintiff NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION PURSUANT TO RULE 4:64-1(a) ANNEXED TO THE AMENDED COMPLAINT FAILS TO SPECIFICALLY STATE THAT PLAINTIFF HAS RECEIVED AND REVIEWED THE TITLE SEARCH. 6

8 Notice of Motion to Allow for Service of Remedial Notice of Intention to Foreclose Filed December 15, 2014 Notice is directed to Gilmar Morales at Harrison Street, Morristown, NJ and 83 Park Avenue, Maplewood, NJ 07040; Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns c/o Corporation Trust Company, R.A., 820 Bear Tavern Road, West Trenton, NJ 08628; and State of New Jersey, Office of the Attorney General, 25 Market Street, PO Box 080, Trenton, NJ Motion returnable January 9, Certification of Service RECEIVED December 15, 2014 On December 12, 2014, a copy of the Notice of Motion to Allow for Service of Remedial Notice of Intention to Foreclose, supporting documentation and proposed order was sent via certified and regular mail and/or Lawyers Service to the parties to whom the Notice is directed. Certification and Memorandum in Support of Motion to Allow for Service of Remedial Notice of Intention to Foreclose RECEIVED December 15, 2014 Order Allowing Service of Remedial Notice of Intention to Foreclose Filed January 12, 2015 It is on this 12th day of January, 2015, ORDERED as follows: 1. Plaintiff is hereby ordered and allowed to send a new Notice of Intent to Foreclose, in full compliance with the Fair Foreclosure Act, to the Defendant(s); and 2. Defendant(s) shall be allowed the opportunity to cure the arrears, without foreclosure fees/costs pursuant to the Fair Foreclosure Act; and 3. If the Defendant(s) are unable to cure the arrears, Plaintiff may proceed with the within foreclosure action as an uncontested matter. 7

9 Summons dated March 24, 2015 (See returns of service for Gilmar Morales and Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns annexed hereto.) Notice to State RECEIVED May 19, 2015 Service of the Notice and Amended Complaint is hereby acknowledged this 26th day of March, 2015, on behalf of the State of New Jersey. John J. Hoffman, Acting Attorney General by: Annette Smallacombe. Request and Certification of Default as to Gilmar Morales; Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns; State of New Jersey Filed June 11, 2015 Default Filed June 11, 2015 Proof of Mailing RECEIVED July 1, 2015 On June 30, 2015, a copy of the filed default was sent via regular mail to each of the defendants at the address at which each was previously served with process. 8

10 Certification of Mailing RECEIVED September 2, 2015 On August 17, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by certified and regular mail to Gilmar Morales at the following addresses: Harrison Street, Morristown, NJ and 83 Park Avenue, Maplewood, NJ More than ten days have passed since receipt of the notice by the debtor and no response has been received. Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED October 22, 2015 Proof of Mailing RECEIVED December 1, 2015 On November 30, 2015, a Notice to Residential Tenants of Rights During Foreclosure was sent via certified and regular mail to Tenant/Inquilino at Harrison Street, Morristown, NJ Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED January 7, 2016 Notice of Motion for Entry of Judgment Filed January 8, 2016 Notice is directed to Gilmar Morales at 83 Park Avenue, Maplewood, NJ and Tenant(s) at Harrison Street, Morristown, NJ

11 Certification in Support of Service RECEIVED January 7, 2016 On November 12, 2015, a copy of the Notice of Motion for Entry of Judgment, Certification of Amount Due and Certification of Due Diligence was mailed to the parties to whom the Notice is directed. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION OF SERVICE OF THE NOTICE OF MOTION FOR ENTRY OF JUDGMENT DOES NOT SPECIFY THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL. Certification Correcting Clerical Error RECEIVED January 7, 2016 Certification sets forth that it has been ascertained that there is a clerical error in paragraph 2b of the amended complaint incorrectly setting forth recorded November 25, Paragraph 2b should be corrected to set forth recorded November 25, Certification of Non-Military Status RECEIVED January 7, 2016 Certification sets forth that Gilmar Morales is currently not an active member of the military service of the United States, or its allies. (Department of Defense Manpower Data Center report annexed thereto.) Proof of Mailing RECEIVED January 7, 2016 On June 30, 2015, a copy of the filed default was sent via regular mail to each of the defendants at the address at which each was previously served with process. 10

12 Certification of Mailing RECEIVED January 7, 2016 On August 17, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by certified and regular mail to Gilmar Morales at the following addresses: Harrison Street, Morristown, NJ and 83 Park Avenue, Maplewood, NJ More than ten days have passed since receipt of the notice by the debtor and no response has been received. Certification of Search Fees RECEIVED January 7, 2016 Total fees requested $ Certification of Proof of Amount Due RECEIVED January 7, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $612, on its mortgage together with interest to grow due thereon from October 7, Final Judgment Filed February 4, 2016 (See copy annexed hereto.) Plaintiff s Costs $7, Writ of Execution issued February 4, 2016 and returned 11

13 Proof of Mailing RECEIVED February 12, 2016 On February 10, 2016, a copy of the Final Judgment was sent via certified and regular mail to Gilmar Morales at Harrison Street, Morristown, NJ and 83 Park Avenue, Maplewood, NJ 07040; Mortgage Electronic Registration Systems, Inc., as nominee for NJ Lenders Corp., its successors and assigns c/o Corporation Trust Company, R.A., 820 Bear Tavern Road, West Trenton, NJ 08628; and State of New Jersey, Office of the Attorney General, 25 Market Street, PO Box 080, Trenton, NJ Certification of Proof of Mailing RECEIVED May 10, 2016 On May 4, 2016, a Notice of Sale was sent via certified and regular mail to Gilmar Morales at Harrison Street, Morristown, NJ and 83 Park Avenue, Maplewood, NJ 07040; and State of New Jersey, Office of Attorney General, 25 Market Street, PO Box 080, Trenton, NJ Sheriff's Statement of Costs RECEIVED Report of Sale RECEIVED August 1, 2017 On July 14, 2016, the Sheriff of Morris County sold the mortgaged premises at public vendue to Ticket Fighter LLC - Assignment of Bid: Chaim & Chany Klein for the sum of $211, Affidavit of highest and best price annexed thereto. (See copy annexed hereto.) 12

14 THIS CHANCERY ABSTRACT IS CERTIFIED TO MADISON TITLE AGENCY DATED: June 25, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax dja 13

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