GREATER ATLANTIC LEGAL SERVICES, INC.

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1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT ONEWEST BANK, NA vs. Plaintiff, NYDIA ACOBE, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title and interest JASON ACOBE MRS. JASON ACOBE, his wife JESSICA ACOBE MR. ACOBE, husband of Jessica Acobe BERNADETTE ACOBE aka Bernadette Velez MR. VELEZ, husband of Bernadette Acobe aka Bernadette Velez PARK HUDSON CONDOMINIUM ASSOCIATION, INC. STATE OF NEW JERSEY UNITED STATES OF AMERICA Defendants, SUPERIOR COURT OF NEW JERSEY HUDSON COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to VESTA LAND TRANSFER 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 # TITLE OFFICER

2 Complaint to Foreclose Filed July 17, 2015 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Nydia Acobe to Residential Home Funding Corp. to secure the sum of $343, Obligation and mortgage dated May 29, The mortgage was recorded in Hudson County on September 16, 2009 in Book 17394, Page 316, et seq. This aforementioned Mortgage is a Reverse Mortgage. The aforementioned Mortgage is not a Purchase Money Mortgage. A COMPLETE COPY OF THE COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. The mortgage was subsequently assigned to plaintiff by assignments more fully set forth in the annexed copy of the Complaint Upon information and belief, Nydia Acobe departed this life on January 21, The heirs, devisees, etc of Nydia Acobe, Jason Acobe, Mrs. Jason Acobe, his wife, Jessica Acobe, Mr. Acobe, husband of Jessica Acobe, Bernadette Acobe aka Bernadette Velez, Mr. Velez, husband of Bernadette Acobe aka Bernadette Velez, Park Hudson Condominium Association, Inc., State of New Jersey, and United States of America are made defendants for reasons more fully set forth in the annexed copy of the Complaint. By virtue of a default in accordance with the terms of the 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. 1

3 WHEREFORE, Plaintiff and/or its assignee 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; For any other relief that the Court deems necessary. 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 and/or its assignee 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 or its assignee or the successful purchaser at Sheriff s Sale demands judgment against the defendants except those persons protected under N.J.S.A. 2A: , et seq.; For possession of said premises; For damages for mesne profits; For costs. By: The Complaint is signed, Frenkel Lambert Weiss Weisman & Gordon, LLP Attorneys for Plaintiff Rima Zaman, Esq. Summons dated October 20, 2015 (See return of service for United States of America - NJ annexed hereto.) 2

4 Non-Contesting Answer Entered for Park Hudson Condominium Association Filed November 2, 2015 Stark & Stark, Attorneys for Defendant Certification of Diligent Inquiry/Publication (as to Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title and interest) Received April 1, 2016 (See copy annexed hereto.) Notice to State Received April 1, 2016 Service of the within notice and copy of the Complaint are hereby acknowledged for the State of New Jersey on October 22, John J. Hoffman, Acting Attorney General, by: Ellen Seitz. (See return of service for the State of New Jersey annexed hereto.) Certification of Diligent Inquiry (as to Jason Acobe) Received April 1, 2016 (See copy annexed hereto.) Certification of Diligent Inquiry/Publication (as to Jessica Acobe) Received April 1, 2016 (See copy annexed hereto.) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THEINQUIRIES AS TO NYDIA ACOBE, HER HEIRS, DEVISEES, 3

5 ETC. AND JESSICA ACOBE. FURTHER, WE FAIL TO FIND ANY INDICATION IN THE INQUIRY THAT JESSICA ACOBE IS ALIVE EVEN THOUGH HER PRESENT WHEREABOUTS CANNOT BE ASCERTAINED. SHE IS NOT JOINED WITH THE EXPRESSION THEIR HEIRS, DEVISEES, ETC. Certification of Diligent Inquiry (as to Bernadette Acobe aka Bernadette Velez) Received April 1, 2016 (See copy annexed hereto.) Certification of Mailing (as to United States of America - DC) Received April 1, 2016 (See copy annexed hereto.) Notice of Dismissal as to Mrs. Jason Acobe, his wife, Mr. Acobe, husband of Jessica Acobe, and Mr. Velez, husband of Bernadette Acobe aka Bernadette Velez Filed April 1, 2016 Request and Certification of Default as to Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title and interest, State of New Jersey, Jason Acobe, Jessica Acobe, Bernadette Acobe aka Bernadette Velez, and United States of America Filed April 1, 2016 Default Filed April 1,

6 Foreclosure Dismissal Warning Notice (Lack of Prosecution) Filed April 7, 2017 R. 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions Received April 17, 2017 Notice of Motion for Entry of Final Judgment Filed April 17, 2017 Notices directed to Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title and interest, Park Hudson Condominium Association, Inc., State of New Jersey, Jason Acobe, Jessica Acobe, Bernadette Acobe aka Bernadette Velez, and United States of America. Proof of Service Received April 17, 2017 (See copy annexed hereto.) Certification of Mailing Mediation Forms Received April 17, 2017 Certification sets forth that a copy of the Foreclosure Mediation Availability and related forms were not served with the Summons and Complaint because the owners do not occupy the subject property and, therefore, is not eligible for the Foreclosure Mediation program. 5

7 Attorney Certification Received April 17, 2017 Certification sets forth that Nydia Acobe is in default due to death. Certification as to Military Status Received April 17, 2017 The military status of Jason Acobe, Jessica Acobe, and Bernadette Acobe aka Bernadette Velez could not be ascertained due to lack of sufficient information. Certification of Mailing of Filed Default Received April 17, 2017 On April 6, 2017, a copy of the filed default was sent by regular mail to the defendants at the addresses at which each were served with process. Certification of Mailing Notice to Cure Received April 17, 2017 On May 9, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title and interest at 9060 Palisade Avenue, Unit #1021, North Bergen, NJ 07047, Jason Acobe at 1716 Swarr Run Road, Apt. J205, Lancaster, PA 17601, Jessica Abode at 9060 Palisade Avenue, Unit #1021, North Bergen, NJ 07047, and Bernadette Acobe aka Bernadette Velez at 2042 S. 6th Street, Allentown, PA Certification by the attorney for plaintiff sets forth that neither the lender nor the office of the attorney for plaintiff received any statement from the debtors indicating that there was a likelihood that they would be able to provide payment necessary to cure the default. More than ten days have passed since receipt of the notice by the debtors. 6

8 Certification of Search Fees and Taxable Costs Received April 17, 2017 Total fees requested $ Certification of Proof of Amount Due Received April 17, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $159, on its mortgage together with interest to grow due thereon from March 2, The property described in the Complaint cannot be divided and should be sold as a single tract. Final Judgment Filed May 24, 2017 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $2, Writ of Execution issued May 24, (Returned into Court: Satisfied.) Report of Sale annexed hereto sets forth on October 26, 2017, the Sheriff of Hudson County sold the mortgaged premises at public venue to OneWest Bank, FSB for the sum of $165, Affidavit of highest and best price annexed thereto. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE SHERIFF S STATEMENT HAS NOT BEEN SIGNED. 7

9 Certification of Mailing Notice of Sheriff's Sale Received October 20, 2017 On October 13, 2017, a copy of the notice of sale and certification of diligent inquiry were sent by regular mail to each of the defendants at the addresses at which they were served with process. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE NOTICE OF SALE WAS NOT SENT BY CERTIFIED MAIL. 8

10 THIS CHANCERY ABSTRACT IS CERTIFIED TO VESTA LAND TRANSFER DATED: June 25, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax dja 9

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54 SWC-F /17/2017 2:55:52 PM Pg 1 of 2 Trans ID: CHC FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP 80 Main Street, Suite 460 West Orange, NJ (973) Attorneys for Plaintiff Attorney Court ID: Attorney:Todd Marks,Esq. Our File #: F01 OneWest Bank N.A., Plaintiff, Superior Court of New Jersey Chancery Division Hudson County vs. Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest, et al. Civil Action Docket No.: F PROOF OF SERVICE Defendants. TO: Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest 9060 Palisade Avenue, Unit 1021 North Bergen, NJ Park Hudson Condominium Association, Inc. C/O Stark & Stark Attn: A. Christopher Florio, Esq. P.O. Box 5315 Princeton, NJ Jason Acobe 1716 Swarr Run Road, Apt. J205 Lancaster, PA Park Hudson Condominium Association, Inc. 440 Beckerville Road Manchester, NJ State of New Jersey 25 West Market Street P.O. Box 080 Trenton, NJ Jessica Acobe NO MAILING PER COURT RULE 1:5-1A Bernadette Acobe a/k/a Bernadette Velez 2042 S 6th Street Allentown, PA 18103

55 SWC-F /17/2017 2:55:52 PM Pg 2 of 2 Trans ID: CHC United States of America C/o Office of the Attorney General District of New Jersey 970 Broad Street Newark, NJ United States of America C/o Office of the Attorney General Department of Justice 950 Pennsylvania Avenue, NW Washington, DC As required by the Rules of Court and by Statute, I enclose copies of: XXX 1. Notice of Motion XXX 2. Certification of Proof of Amount Due XXX 3. Certification of Diligent Inquiry I, the undersigned, an employee of the firm of FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP, did on 04/17/2017, arrange to have the items set forth above served to the names and addresses shown, by certified mail, return receipt requested and by regular mail, with required postage thereon, by depositing an envelope containing said documents through the United States Mail. I hereby certify that the within statements made are true. I am aware that if any statement is willfully false, I am subject to punishment. DATED: 04/17/2017 /s/

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60 SWC F /24/2017 Pg 1 of 4 Trans ID: CHC FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP 80 Main Street, Suite 460 West Orange, NJ (973) Attorneys for Plaintiff Attorney Court ID: Attorney:Todd Marks,Esq. Our File #: F01 OneWest Bank N.A., Superior Court of New Jersey Chancery Division Plaintiff, Hudson County vs. Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest, et al. Civil Action Docket No.: F FINAL JUDGMENT Defendants. This matter having been opened to the Court by FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP, attorneys for Plaintiff on a motion to enter final judgment, and it appearing that service of the summons and complaint, and any amended complaints, if any, having been affected upon the following defendants Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest State of New Jersey Jason Acobe Jessica Acobe Bernadette Acobe a/k/a Bernadette Velez United States of America in accordance with the Rules of Court, and their time to answer having expired and default having been entered against said defendants, and the following defendants Park Hudson Condominium Association, Inc. having filed an answer to the complaint which answer has been deemed as uncontesting to the validity or priority of Plaintiff s mortgage and Plaintiff s right to foreclose, and it appearing from

61 SWC F /24/2017 Pg 2 of 4 Trans ID: CHC the plaintiff s certification filed in the within action that the plaintiff has made an investigation but is unable to determine whether the following defendants: Jason Acobe Jessica Acobe Bernadette Acobe a/k/a Bernadette Velez are in the military service and good reason appearing that final judgment should be granted at this time and that the judgment should enter without the filing of a Servicemembers Civil Relief Act Bond, and the Court having reviewed Plaintiff s supporting Certifications and Exhibits, and for good cause shown; IT IS ON THIS 24 th DAY OF May, 2017 ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $159,052.70, together with lawful interest from March 02, 2017, together with the costs of this suit to be taxed, including a counsel fee of $1, raised and paid in the first place out of the mortgaged premises; and it is further ORDERED AND ADJUDGED that the question of priority as between the Plaintiff and the United States of America with regard to counsel fees and advances made by the Plaintiff shall await surplus money proceedings, if any; and it is further ORDERED AND ADJUDGED Park Hudson Condominium Association, Inc. is entitled to have the sum of $, together with lawful interest from and interest thereafter together with said defendant s costs of suit to be taxed, including a counsel fee of $, raised and paid, in the second place, out of the mortgaged premises; and it is further ORDERED AND ADJUDGED that the Plaintiff or its assignees or the successful purchaser at the Sheriff's sale duly recover against the following defendants:

62 SWC F /24/2017 Pg 3 of 4 Trans ID: CHC Nydia Acobe, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest Park Hudson Condominium Association, Inc. State of New Jersey Jason Acobe Jessica Acobe Bernadette Acobe a/k/a Bernadette Velez United States of America and all parties holding under said defendants, the possession of the premises mentioned and described in the said Complaint (and Amended Complaints, if any), with the appurtenances, except that no possession is to be awarded against any tenant protected by the New Jersey Tenant Anti- Eviction Act (2A: et seq.) and no writ of possession shall be issued against said tenants; and it is further ORDERED AND ADJUDGED that the mortgaged premises be sold to raise and satisfy the money due Plaintiff, the sum of $159, together with interest thereon to be computed as aforesaid, with the Plaintiff's costs to be taxed with lawful interest thereon, and in the second place to the Park Hudson Condominium Association, Inc. to the total sum due together with interest thereon to be computed as aforesaid, with the Defendant's costs to be taxed with interest thereon, and that an execution issue for that purpose to the Sheriff of Hudson County, commanding him to make sale according to law of the mortgaged premises described in the Complaint (and Amended Complaints, if any), and out of the monies arising from said sale that he pay the Plaintiff's debt, with interest thereon and costs aforesaid to the Plaintiff or his attorney, and in the second place to defendant Park Hudson Condominium Association, Inc., defendant s debt, with interest thereon as aforesaid and said defendant s costs with interest thereon as aforesaid, and in case there is a surplus remaining after said sale, that such surplus be brought into Court to abide the further Order of this Court and that the Sheriff make his report of the said sale as required by the rules of this Court; and it is further

63 SWC F /24/2017 Pg 4 of 4 Trans ID: CHC ORDERED and ADJUDGED that, notwithstanding anything herein to the contrary, this judgment shall not affect the rights of any person protected by the New Jersey Tenant Anti- Eviction Act, N.J.S.A. 2A: , et seq., the right of redemption given the United States of America under 28 U.S.C. Sec. 2410, the limited priority rights for the aggregate customary condominium assessment for the six month period prior to the recording of any association lien as allowed by N.J.S.A. 46: 8B-21, or any rights afforded by the Servicemembers Civil Relief Act, 50 U.S.C. App. 501, et seq. or N.J.S.A. 38:23C-4; and it is further ORDERED and ADJUDGED that all the defendants to this action, and each of them stand absolutely debarred and foreclosed of and from all equity of redemption of, in, and to said mortgaged premises described in the Complaint, (and Amended Complaints, if any), as shall be sold as aforesaid by virtue of this Judgment. Papers Considered: Motion Opposed Motion Unopposed

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