GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT U.S. BANK NATIONAL ASSOCIATION, as Trustee for SROF 2013 S3 REMIC Trust I vs. Plaintiff, BLANCA MARTINEZ, his/her heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest MR. MARTINEZ, husband of Blanca Martinez ROSIANE FERREIRA, his/her heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest MR. FERREIRA, husband of Rosiane Ferreira FORD MOTOR CREDIT COMPANY DAYS INN WORLDWIDE INC. Defendants, SUPERIOR COURT OF NEW JERSEY UNION COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to BLACKSTONE STEWART ABSTRACT LLC 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.

2 YOUR REFERENCE # BST TITLE OFFICER

3 Complaint to Foreclose Filed March 5, 2015 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Rosiane Ferreira, single and Blanca Martinez, single to Mortgage Electronic Registration Systems, Inc., as nominee for GMI Home Loans, LLC to secure the sum of $242, Obligation and mortgage dated May 28, The mortgage was recorded in Union County on September 14, 2010 in Book 12970, Page THIS IS A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. By virtue of assignment(s) more particularly set forth in the annexed copy of the Complaint, the mortgage was assigned to the Plaintiff. Mr. Martinez, husband of Blanca Martinez, Mr. Ferreira, husband of Rosiane Ferreira, heirs, devisees, etc of Rosiane Ferreira and Blanca Martinez, Ford Motor Credit Company, and Days Inn Worldwide Inc. are made defendant(s) for reasons more particularly set forth in the annexed copy of the Complaint. By virtue of a default in accordance with the terms 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; Such other and further relief 1

4 as may be set forth in the demand for judgment included on the annexed copy of the Complaint. SECOND COUNT Plaintiff is entitled to possession of the mortgaged premises. WHEREFORE, Plaintiff demands judgment against said defendants for possession of the mortgaged premises and for any other relief that may be set forth in the demand for judgment on the copy of the Complaint annexed hereto. By: The Complaint is signed, Zucker, Goldberg & Ackerman, LLC Attorneys for Plaintiff Michael S. Ackerman, Esq. A Member of the Firm Summons dated March 23, 2015 (See returns of service for Blanca Martinez, Days Inn Worldwide Inc., and Ford Motor Credit Company annexed hereto.) Substitution of Attorney Filed July 16, 2015 NOTE: WE FAIL TO FIND A COPY OF THE SUBSTITUTION OF ATTORNEY FILED ON JULY 16, 2015 WITHIN THE COURT CASE JACKET. HOWEVER, THE COURT DOCKET INDICATES SAID PLEADING WAS FILED AS NOTED. 2

5 Notice of Motion to Substitute Plaintiff Filed October 6, 2015 Notices directed to Rosiane Ferreira and Blanca Martinez at 337 New Jersey Ave., Union, NJ Certification of Mailing RECEIVED October 6, 2015 On October 6, 2015, a copy of the Notice of Motion to Substitute Plaintiff, Certification in Support of Motion to Substitute Plaintiff, and Order Substituting Plaintiff were sent by regular and certified mail to the parties to whom the notice is directed. Certification in Support of Motion to Substitute Plaintiff RECEIVED October 6, 2015 Certification sets forth that the mortgage was assigned to U.S. ROF III Legal Title Trust , by U.S. Bank National Association, as Legal Title Trustee. The assignment was recorded on July 29, 2015 in Book AB01425, Page 2036, Instrument No Order Substituting Plaintiff Filed October 29, 2015 It is on this 29 day of October, 2015 it is ORDERED and ADJUDGED that: 1. The Complaint in this action be and hereby is amended by striking the U.S. Bank National Association, as trustee for the SROF 2013 S3 REMIC Trust I as the party Plaintiff, AND 2. U.S. ROF III Legal Title Trust , by U.S. Bank National Association, as Legal Title Trustee be and hereby is substituted in the place and stead of U.S. Bank National Association, as trustee for the SROF 2013 S3 REMIC Trust I as the party Plaintiff and all subsequent pleadings filed with the Court shall designate the name of the substituted Plaintiff in the caption. 3. The Superior Court Clerk is directed to change, as herein modified, the name of the party Plaintiff on the automated case management system 3

6 docket. 4. A copy of this Order shall be served on all appearing parties within Seven (7) days of the date of this Order. Certification of Mailing RECEIVED November 3, 2015 On November 3, 2015, a copy of the Filed Order Substituting Plaintiff was sent by regular mail to Rosiane Ferreira and Blanca Martinez at 337 New Jersey Ave., Union, NJ Contested Answer Entered for Blanca Martinez Filed November 13, 2015 Blanca Martinez, Pro Se Certification of Diligent Inquiry and Publication (as to Rosiane Ferreira) RECEIVED December 13, 2015 Notice of Motion for Entry of Default and Certification of Service Filed December 14, 2015 MOTION WITHDRAWN. Notices directed to Rosiane Ferreira at 337 New Jersey Avenue, Union, NJ 07083, 79 May Street, Apt. 2, Belleville, NJ 07109, and 1722 Essex Avenue, Linden, NJ 07036, Ford Motor Credit Company, c/o Corporation Trust Company, Reg. Agent at 820 Bear Tavern Road, Trenton, NJ 08628, and Days Inn Worldwide Inc at 22 Sylvan Way, Parsippany, NJ

7 Certification of Mailing RECEIVED December 13, 2015 On December 14, 2015, a copy of the Notice of Motion, Certification, and Order were sent by regular and certified mail to the parties to whom the notice is directed. Certification in Support of Order for Default after Six Months RECEIVED December 13, 2015 Certification sets forth that the defendants did not file an answer to the original Foreclosure Complaint or otherwise appear, and request for entry of default was not submitted to the Court within the time provided by the rules. Voluntary Dismissal as to Mr. Martinez, husband of Blanca Martinez, Mr. Ferreira, husband of Rosiane Ferreira, and heirs, devisees, etc of Rosiane Ferreira and Blanca Martinez Filed December 14, 2015 Case Management Order Filed January 7, 2016 Amended Certification of Diligent Inquiry and Publication (as to Rosiane Ferreira) RECEIVED January 15, 2016 (See copy annexed hereto.) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRY AS TO ROSIANE FERREIRA. FURTHER, WE FAIL TO FIND ANY INDICATION IN THE INQUIRY THAT ROSIANE FERREIRA IS ALIVE EVEN THOUGH HER PRESENT WHEREABOUTS CANNOT BE ASCERTAINED. SHE IS NOT JOINED WITH THE EXPRESSION THEIR 5

8 HEIRS, DEVISEES, ETC. NOTE: WE FAIL TO FIND AN AFFIDAVIT OF PUBLICATION ATTACHED TO THE AMENDED CERTIFICATION OF DILIGENT INQUIRY AND PUBLICATION AS TO ROSIANE FERREIRA. Request and Certification/Affidavit of Default as to Rosiane Ferreira Filed January 15, 2016 Default Filed January 15, 2016 Notice of Motion for Entry of Default and Certification of Service Filed January 19, 2016 Notices directed to Ford Motor Credit Company, c/o Corporation Trust Company, R.A. at 820 Bear Tavern Road, Trenton, NJ 08628, and Days Inn Worldwide Inc at 22 Sylvan Way, Parsippany, NJ Certification of Mailing RECEIVED January 15, 2016 On January 19, 2016, a copy of the Notice of Motion, Certification, and Order were sent by regular and certified mail to the parties to whom the notice is directed. 6

9 Certification in Support of Order for Default after Six Months RECEIVED January 15, 2016 Certification sets forth that the defendants did not file an answer to the original Foreclosure Complaint or otherwise appear, and request for entry of default was not submitted to the Court within the time provided by the rules. Order Entering Default after Six Months Filed February 11, 2016 It is on this 11th day of February, 2016 ORDERED that the Clerk of Superior Court is hereby permitted to enter Default against the following Defendants: Ford Moto Credit Company and Days Inn Worldwide Inc. Default Filed February 11, 2016 Notice of Motion for Order Granting Summary Judgment and Striking Answer Filed May 25, 2016 Notice directed to Blanca Martinez at 337 New Jersey Avenue, Union, NJ Motion returnable June 24, Proof of Mailing RECEIVED May 25, 2016 On May 25, 2016, a copy of the Notice of Motion for Order Granting Summary Judgment, Brief in Support of Motion for Summary Judgment, Certification in Support of Motion for Summary Judgment, and Proposed Form of Order Granting Summary Judgment were sent by regular and certified mail to the party to whom the notice is directed. 7

10 Certification RECEIVED May 25, 2016 Plaintiff's Brief in Support of Motion for Summary Judgment RECEIVED May 25, 2016 Request for Admissions RECEIVED May 25, 2016 Order Granting Summary Judgment and Striking Answer Filed June 27, 2016 IT IS on this 27 day of June, 2016, ORDERED as follows: 1. Summary Judgment shall be and the same hereby is GRANTED IN favor of Plaintiff and against the Defendant, Blanca Martinez. 2. The Answer of Defendant, Blanca Martinez, shall be and the same hereby is stricken and default entered. 3. This matter shall be transferred to the Office of Foreclosure of the Superior Court of New Jersey to proceed as an uncontested matter. Appearance Entered for Blanca Martinez Filed August 9, 2016 Dann & Merino, PC, Attorneys for Defendant Proof of Mailing RECEIVED December 5, 2016 On August 18, 2016, a copy of the filed defaults were mailed to each of the defendants at the addresses where they were served with process. 8

11 Certification of Counsel Regarding Service of Mediation Materials RECEIVED December 5, 2016 Certification sets forth that a copy of the Notice of Foreclosure Mediation Availability and related forms were served with the Summons and Complaint and mailed with the Notice of Motion for Final Judgment. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED December 5, 2016 Blanca Martinez and Rosiane Ferreira are not in the military service. Reports from the Department of Defense Manpower Data Center annexed thereto. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED December 5, 2016 On August 18, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Rosiane Ferreira at 337 New Jersey Ave, Union, NJ 07083, 79 May Street, Apt. 2, Belleville, NJ and 1722 Essex Avenue, Linden, NJ 07036, and Blanca Martinez at 337 New Jersey Ave., Union, NJ 07083, c/o Dann & Merino, PC at 1 Meadowlands Plaza, St. 200, Room 252, East Rutherford, NJ and PO Box , Cleveland, OH Certification of No Response Pursuant to N.J.S.A. 2A:50-58 RECEIVED December 5, 2016 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 fifteen days have passed since receipt of the notice by the debtors. 9

12 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED December 5, 2016 Certification/Affidavit of Costs/Search Fees RECEIVED December 5, 2016 Total fees requested $ Notice of Motion for Final Judgment Filed December 5, 2016 The Notice of Motion for Final Judgment is directed to Rosiane Ferreira at 337 New Jersey Ave, Union, NJ 07083, Blanca Martinez, c/o Dann & Merino, PC at 1 Meadowlands Plaza, St. 200, Room 252, East Rutherford, NJ and PO Box , Cleveland, OH 44103, Ford Motor Credit Company, c/o Corporation Trust Company, R.A. at 820 Bear Tavern Road, Trenton, NJ 08628, Days Inn Worldwide Inc at 22 Sylvan Way, Parsippany, NJ 07054, and Unknown Tenants at 337 New Jersey Ave, Union NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED December 5, 2016 On December 5, 2016, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, Certification of Proof of Amount Due and Notice to Tenants (if applicable) were mailed by regular and certified mail to the parties to whom the notice is directed. Certification/Affidavit of Amount Due RECEIVED December 5, 2016 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $324, on its mortgage together with interest to grow due thereon from September 22,

13 (See copy annexed hereto.) Letter in Support of Blanca Martinez's Opposition to Plaintiff's Motion for Entry of Final Judgment Filed December 13, 2016 Dann & Merino, PC, Attorneys for Defendant, Blanca Martinez Certificate of Service RECEIVED December 13, 2016 Dann & Merino, PC, Attorneys for Defendant, Blanca Martinez Administrative Order Transferring Foreclosure Matter to a Vicinage Filed December 14, 2016 Letter Brief in Reply to Defendant's Opposition to the Plaintiff's Motion to Enter Final Judgment Filed December 27, 2016 Letter to the Court Filed January 5, 2017 Dann & Merino, PC, Attorneys for Defendant, Blanca Martinez Order Denying Objection as Withdrawn Filed January 6,

14 Proof of Mailing RECEIVED January 27, 2017 On August 18, 2016, a copy of the filed defaults were mailed to each of the defendants at the addresses where they were served with process. Certification of Counsel Regarding Service of Mediation Materials RECEIVED January 27, 2017 Certification sets forth that a copy of the Notice of Foreclosure Mediation Availability and related forms were served with the Summons and Complaint and mailed with the Notice of Motion for Final Judgment. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED January 27, 2017 Blanca Martinez and Rosiane Ferreira are not in the military service. Reports from the Department of Defense Manpower Data Center annexed thereto. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED January 27, 2017 On August 18, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Rosiane Ferreira at 337 New Jersey Ave, Union, NJ 07083, 79 May Street, Apt. 2, Belleville, NJ and 1722 Essex Avenue, Linden, NJ 07036, and Blanca Martinez at 337 New Jersey Ave., Union, NJ 07083, c/o Dann & Merino, PC at 1 Meadowlands Plaza, St. 200, Room 252, East Rutherford, NJ and PO Box , Cleveland, OH

15 Certification of No Response Pursuant to N.J.S.A. 2A:50-58 RECEIVED January 27, 2017 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 fifteen days have passed since receipt of the notice by the debtors. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED January 27, 2017 Certification/Affidavit of Costs/Search Fees RECEIVED January 27, 2017 Total fees requested $ Notice of Motion for Final Judgment Filed January 27, 2017 The Notice of Motion for Final Judgment is directed to Rosiane Ferreira at 337 New Jersey Ave, Union, NJ 07083, Blanca Martinez, c/o Dann & Merino, PC at 1 Meadowlands Plaza, St. 200, Room 252, East Rutherford, NJ and PO Box , Cleveland, OH 44103, Ford Motor Credit Company, c/o Corporation Trust Company, R.A. at 820 Bear Tavern Road, Trenton, NJ 08628, Days Inn Worldwide Inc at 22 Sylvan Way, Parsippany, NJ 07054, and Unknown Tenants at 337 New Jersey Ave, Union NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED January 27, 2017 On January 27, 2017, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, Certification of Proof of Amount Due and Notice to Tenants (if applicable) were mailed by regular and certified mail to the parties to 13

16 whom the notice is directed. Certification/Affidavit of Amount Due RECEIVED January 27, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $324, on its mortgage together with interest to grow due thereon from September 22, (See copy annexed hereto.) Final Judgment Filed February 24, 2017 (See copy annexed hereto.) Plaintiff s Costs $4, Writ of Execution issued February 24, 2017 and returned. Proof of Mailing RECEIVED March 3, 2017 On March 3, 2017, a copy of the filed Final Judgment was mailed to each of the defendants. 14

17 Certification/Affidavit of Mailing RECEIVED June 6, 2017 On June 5, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Rosiane Ferreira at 337 New Jersey Ave, Union, NJ 07083, Blanca Martinez, c/o Dann & Merino, PC at 1 Meadowlands Plaza, St. 200, Room 252, East Rutherford, NJ 07073, Ford Motor Credit Company, c/o Corporation Trust Company, R.A. at 820 Bear Tavern Road, Trenton, NJ 08628, Days Inn Worldwide Inc at 22 Sylvan Way, Parsippany, NJ 07054, and Tenant/Occupant at 337 New Jersey Ave, Union NJ Appearance Entered for U.S. ROF III Legal Title Trust , by U.S. Bank National Association, as Legal Title Trustee Filed August 24, 2014 Fein, Such, Kahn & Shepard, PC, Attorneys for Successful Bidder at Sheriff's Sale Substitution of Attorney RECEIVED August 24, 2014 Pluese, Becker & Saltzman, LLC do hereby consent to the substitution of Fein, Such, Kahn & Shepard, PC, as Attorneys for Plaintiff. Certification to Support Issuance of Writ of Possession Filed August 24, 2017 Writ of Possession issued August 29, 2017 and not returned. 15

18 Report of Sale Received September 28, 2017 (See copy annexed hereto.) On July 19, 2017, the Sheriff of Union County sold the mortgaged premises at public venue to U.S. ROF III Legal Title Trust , by U.S. Bank National Association, as Legal Title Trustee for the sum of $1, Affidavit of highest and best price annexed thereto. 16

19 THIS CHANCERY ABSTRACT IS CERTIFIED TO BLACKSTONE STEWART ABSTRACT LLC DATED: July 13, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax DEJ 17

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40 SWC-F /27/2017 2:24:28 PM Pg 3 of 10 Trans ID: CHC

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43 SWC F /24/2017 Pg 1 of 3 Trans ID: CHC PLUESE, BECKER & SALTZMAN, LLC Horizon Way, Suite 900 Mt. Laurel, New Jersey Attorneys for Plaintiff Filing Attorney: Rob Saltzman, Esquire ID # x Sanford J. Becker, Esquire ID # Robert F. Thomas, Esquire ID # Stuart West, Esquire ID # Kevin Diduch, Esquire ID # File Number: vs U.S. ROF III LEGAL TITLE TRUST , BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE Plaintiff v. BLANCA MARTINEZ, et al. Defendants : : : : : : : : : SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION UNION COUNTY DOCKET NO.: F CIVIL ACTION FINAL JUDGMENT This matter being opened to the Court by Plaintiff, by and through Counsel, Pluese, Becker & Saltzman, LLC, Sanford J. Becker, Esquire appearing, and it appearing that Summons, Complaint and Amendment to Complaint, if any, have been duly issued and returned served upon the following Defendants, BLANCA MARTINEZ who has filed an Answer, which has been deemed as a contested matter and an Order Granting Summary Judgment and Striking Answer having been entered on June 27, 2016, by the Honorable Joseph P. Perfilio J.S.C.; And it further appearing that service of the said Summons Complaint and Amendment to Complaint, if any, have been made upon the following Defendant(s), in accordance with the Rules of this Court, and default having been entered against said Defendant(s): ROSIANE FERREIRA; FORD MOTOR CREDIT COMPANY; DAYS INN WORLDWIDE INC. And the Plaintiff's Note/Bond, Mortgage, and Assignment of Mortgage, if any, having been presented and marked as exhibits by the Court, and proofs having been submitted of the amount due on Plaintiff's mortgage and on the subsequent encumbrances of the following Defendant(s), whose priority cannot be determined at this time and must await surplus money proceedings, if any: NONE

44 SWC F /24/2017 Pg 2 of 3 Trans ID: CHC and sufficient cause appearing; IT IS on this 24th day of February 2017, ORDERED and ADJUDGED that the Plaintiff is entitled to have the sum of $324, together with the interest computed at the contract rate of 5.250% on $270,517.31, being the principal sum in default (Including advances, if any) February 24th, 2017 from September 22, 2016 to and lawful interest thereafter on the total sum due Plaintiff, together with costs of this suit to be taxed, including a counsel fee of $ , and raised and paid in the first place out of the mortgaged premises; and it is further ORDERED that the Plaintiff, its assignee or purchaser duly recover against the Defendant(s), Mortgagors/Owners, and all persons or entities taking, holding, or claiming under said Defendant(s), the possession of the premises mentioned and described in the said Complaint and Amendment to Complaint, if any, with appurtenances, and that a Writ of Possession issue thereon, and it is further, ORDERED and ADJUDGED that the mortgaged premises be sold to raise and satisfy the several sums of money due, in the first place to the Plaintiff, U.S. ROF III Legal Title Trust , by U.S. Bank National Association, as Legal Title Trustee the sum of $324, with interest thereon as aforesaid, and the plaintiff's costs to be taxed, with lawful interest thereon, and that an execution for that purpose duly issued by this Court to the Sheriff of Union County, commanding said Sheriff to make sale according to law of the mortgaged premises described in the Complaint and Amendment to Complaint, if any, and from the moneys arising from said sale, that said Sheriff pay in the first place to the Plaintiff, U.S. ROF III Legal Title Trust , by U.S. Bank National Association, as Legal Title Trustee said Plaintiff's debt, with interest thereon as aforesaid and said plaintiff's costs with interest thereon as aforesaid, and in case more money shall be realized by the said sale that shall be sufficient to satisfy such several payments as aforesaid, that such surplus be brought into this Court to abide the further Order of this Court and that the Sheriff aforesaid make a report of the aforesaid sale without delay required by the Rules of this Court; and it is further ORDERED and ADJUDGED that the Defendant(s) in this cause 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 Amendment to Complaint, if any, when sold as aforesaid by virtue of this Judgment by 28 U.S.C. 2410; and it is further. Notwithstanding anything herein to the contrary, this judgment shall not affect the rights of any

45 SWC F /24/2017 Pg 3 of 3 Trans ID: CHC 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 under 28 U.S.C. section 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 rights afford by the Service Members Civil Relief Act, 50 U.S.C..app. 501 et seq. or N.J.S.A. 38:23C-4.

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