GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT EVERBANK vs. Plaintiff, KEITH R. BOHLER; MRS. BOHLER, Wife of Keith R. Bohler; JOHN DOE AND JANE DOE 1-10 (Names Being Fictitious) Tenants/ Occupants Defendants, SUPERIOR COURT OF NEW JERSEY OCEAN COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to AMERICAN HOME TITLE AGENCY, INC. 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. GREATER ATLANTIC LEGAL SERVICES, INC. YOUR REFERENCE # AHT-52647P TITLE OFFICER

2 Complaint to Foreclose Filed December 4, 2013 Pluese, Becker & Saltzman, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Keith R. Bohler to Mortgage Electronic Registration Systems, Inc., as nominee for Gateway Funding Diversified Mortgage Services, LP to secure the sum of $176, Obligation and mortgage dated September 13, The mortgage was recorded in Ocean County on September 26, 2005 in Book 12830, Page This is a Non Purchase Money Mortgage. A COMPLETE COPY OF THE COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. The mortgage was subsequently assigned to plaintiff by assignment (s) more particularly set forth in the annexed copy of the Complaint. Mrs. Bohler, wife of Keith R. Bohler and John Doe and Jane Doe 1-10 (Names being Fictitious)Tenants/Occupants are hereby made party defendants for reasons more particularly set forth in the annexed copy of the Complaint. 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. 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 1

3 rents, issues and profits of the lands described above. SECOND COUNT Plaintiff repeats the allegations above in the First Count and makes the same a part hereof as though repeated at length By the terms of the obligation and mortgage, plaintiff is 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, their assignee or any purchaser at Sheriff's Sale; for damages, including mesne profits; for costs. THIRD COUNT 1. Plaintiff respectfully incorporates herein the contents of Counts I and II as if fully set forth herein. 2. Plaintiff hereby reforms its mortgage because the Mortgage described in the First Count of the Complaint failed to include a 'metes and bounds' description in the legal description. The legal description as contained in the vesting Deed recorded in the office of the Ocean County Clerk in Book 12273, Page 502 is attached hereto as Schedule "A". 3. Plaintiff further hereby reforms its mortgage because the legal description and the body of the Recorded Mortgage described in the First Count of the Complaint inadvertently and through clerical error sets forth the Municipality as the Township of Dover, when in fact it should set forth Township of Toms River, as Dover Township changed its name to Toms River Township. WHEREFORE, Plaintiff demands Judgment reforming the Mortgage to attach the 'metes and bounds' description to the legal description, and to correct the legal description and the body of the mortgage. 2

4 to correctly set forth Township of Toms River. By: The Complaint is signed, Pluese, Becker & Saltzman, LLC Attorneys for Plaintiff Sanford J. Becker, Esquire Summons dated December 5, 2013 (See return of service for Keith R. Bohler annexed hereto.) Notice of Dismissal as to Mrs. Bohler, wife of Keith R. Bohler and John Doe and Jane Doe 1-10 (Names being Fictitious)Tenants/Occupants Filed March 12, 2014 Request and Certification of Default as to Keith R. Bohler Filed March 12, 2014 Default Filed March 12, 2014 Foreclosure Dismissal Notice (Lack of Prosecution) Filed March 13,

5 Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED April 9, 2015 Notice of Motion for Entry of Final Judgment and Certification of Service. Filed April 9, 2015 Notice directed to Keith R. Bohler at 1938 South Street, Dover Twp., NJ and 1938 South Street, Toms River, NJ Certification of Service RECEIVED April 9, 2015 On April 9, 2015, a copy of the Notice of Motion, Certification of Proof of Amount Due, Certification of Diligent Inquiry Pursuant to Rule 4:64-2(d), New Jersey Foreclosure mediation Program Materials, and Notice to Tenets if applicable were sent via certified and regular mail to Keith R. Bohler at 1938 South Street, Dover Twp., NJ and 1938 South Street, Toms River, NJ Certification of Counsel Regarding Service of Mediation Materials RECEIVED April 9, 2015 Certification sets forth the Foreclosure Mediation Program documents were served with then Summons and Complaint and mailed with the Notice of Motion for Final Judgment. Certification of Non Military Service or Inability to Ascertain Military Status RECEIVED April 9, 2015 Keith R. Bohler is not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. 4

6 Proof of Mailing Default RECEIVED April 9, 2015 On March 28, 2014, a copy of the filed default was sent via regular mail to Keith R. Bohler at 1938 South Street, Dover Twp., NJ and 1938 South Street, Toms River, NJ Certification of Mailing of Notice of Intent to Enter Judgment RECEIVED April 9, 2015 On March 28, 2014, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by certified and regular mail to Keith R. Bohler at the following addresses: 1938 South Street, Dover Twp., NJ and 1938 South Street, Toms River, NJ 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 debtor. Certification of Search Fees RECEIVED April 9, 2015 Total fees requested $ Certification of Proof of Amount Due and Schedule RECEIVED April 9, 2015 Certification by a representative of the plaintiff sets forth that there is due the sum of $213, on its mortgage together with interest to grow due thereon from December 17, Final Judgment RECEIVED April 9, 2015 DENIED 5

7 CLERK'S NOTATION: MORTGAGE REFORMATION REQUESTED IS BEYOND THE AUTHORITY OF THE OFFICE OF FORECLOSURE. PROCEED BEFORE THE CHANCERY JUDGE OF THE VICINAGE TO OBTAIN THE RELIEF REQUESTED IN THE THIRD COUNT OF THE COMPLAINT OR DISMISS THE THIRD COUNT. Foreclosure Dismissal Notice (Lack of Prosecution) Filed June 24, 2016 Notice of Motion to Reform Mortgage Filed July 21, 2016 Notice directed to Keith R. Bohler at 1938 South Street, Toms River, NJ Certification of Mailing RECEIVED July 21, 2016 On July 21, 2016, a copy of the Notice of Motion to Reform Mortgage, Certification in Support of Motion to Reform Mortgage and order Reforming Mortgage was sent via certified and regular mail to Keith R. Bohler at 1938 South Street, Toms River, NJ Certification in Support of Order Reforming Mortgage RECEIVED July 21, 2016 Certification sets forth Through inadvertence and mistake, a metes and bounds Legal Description was not attached to Plaintiff's Mortgage when recorded. Said Mortgage otherwise accurately described the Subject Property by Lot, Block, and street address. 6

8 Certification of Counsel in Response to Notice of Dismissal Filed July 22, 2016 Order Reforming Mortgage Filed August 19, 2016 IT IS on this 19 day of August '2016 ORDERED that the Foreclosure Unit shall enter Judgment in Plaintiff's favor on Count Three of the Complaint, thereby reforming the Mortgage by attaching the Legal Description as taken from the Vesting Deed dated September 13, 2004 and recorded in the Clerk's Office of Ocean County on September 24, 2004 at Book 12273, Page 502. It is Further Ordered that the Mortgage and Legal Description attached to the Vesting Deed be corrected to set forth the Municipality as "Toms River Township," a copy of said Legal Description being attached to this Order. This Order shall be recorded in the Office of the Ocean County Clerk, and shall be indexed to the Mortgage recorded on September 26, 2005 at Book 12830, Page Certification of Mailing RECEIVED August 22, 2016 On August 22, 2016, a copy of the filed Order was mailed to Keith R. Bohler at 1938 South Street, Toms River, NJ Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED September 2, 2016 Notice of Motion for Entry of Final Judgment and Certification of Service. Filed September 2, 2016 Notice directed to Keith R. Bohler at 1938 South Street, Toms River, NJ

9 Certification of Service RECEIVED September 2, 2016 On September 2, 2016, a copy of the Notice of Motion, Certification of Proof of Amount Due, Certification of Diligent Inquiry Pursuant to Rule 4:64-2(d), New Jersey Foreclosure mediation Program Materials, and Notice to Tenets if applicable were sent via certified and regular mail to Keith R. Bohler at1938 South Street, Toms River, NJ Certification of Counsel Regarding Service of Mediation Materials RECEIVED September 2, 2016 Certification sets forth the Foreclosure Mediation Program documents were served with then Summons and Complaint and mailed with the Notice of Motion for Final Judgment. Certification of Non Military Service or Inability to Ascertain Military Status RECEIVED September 2, 2016 Keith R. Bohler is not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing Default RECEIVED September 2, 2016 On January 12, 2016, a copy of the filed default was sent via regular mail to Keith R. Bohler at 1938 South Street, Toms River, NJ Certification of Mailing of Notice of Intent to Enter Judgment RECEIVED September 2, 2016 On January 12, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by certified and regular mail to Keith R. Bohler at the following address: 1938 South Street, Toms River, NJ

10 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 debtor. Certification of Search Fees RECEIVED September 2, 2016 Total fees requested $ Certification of Proof of Amount Due and Schedule RECEIVED September 2, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $233, on its mortgage together with interest to grow due thereon from July 15, Final Judgment Filed October 11, 2016 (See copy annexed hereto.) Plaintiff s Costs $3, Writ of Execution issued October 11, 2016 and returned (It appears from the Sheriff s Statement that there was a deficiency.) 9

11 Certification of Mailing Final Judgment RECEIVED October 18, 2016 On October 18, 2016, a copy of the filed Final Judgment was sent via certified and regular mail to Keith R. Bohler at 1938 South Street, Toms River, NJ and Tenant/Occupant at 1938 South Street, Toms River, NJ Proof of Mailing Notice of Sale RECEIVED July 11, 2017 On July 10, 2017, a copy of the Notice fo Sale was sent via certified and regular mail to Keith R. Bohler at 1938 South Street, Toms River, NJ and Tenant/Occupant at 1938 South Street, Toms River, NJ Report of Sale RECEIVED September 14, 2017 Report of Sale annexed thereto sets forth on August 29, 2017, the Sheriff of Ocean County sold the mortgaged premises at public vendue to MTGLQ Investors, LP for the sum of $ Affidavit of highest and best price annexed thereto. 10

12 THIS CHANCERY ABSTRACT IS CERTIFIED TO AMERICAN HOME TITLE AGENCY, INC. DATED: July 11, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax tll 11

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