GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. BAYVIEW LOAN SERVICING, LLC vs. Plaintiff, CHANCERY ABSTRACT PATRICK TRUSSELL; MICHELE TRUSSELL, husband and wife Defendants, SUPERIOR COURT OF NEW JERSEY SUSSEX COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to FIDELITY NATIONAL TITLE GROUP 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 October 03, 2014 Fein, Such, Kahn & Shepard, PC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Patrick Trussell and Michele Trussell to Mortgage Electronic Registration Systems Inc. as Nominee for Weichert Financial Services to secure the sum of $208, Obligation and mortgage dated November 30, The mortgage was recorded in Sussex County on December 17, 2007 in Book 8406, Page 797. This is 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 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 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 said lands be sold according to law to satisfy the amount due to plaintiff; Appointing a receiver of rents, issues and profits of the said lands. 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 1

3 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: For possession of said premises; For damages for mesne profits; For costs. By: The Complaint is signed, Fein, Such, Kahn & Shepard, PC Attorneys for Plaintiff Dolores M. DeAlmeida Summons dated October 07, 2014 (See returns of service for Michele Trussell and Patrick Trussell annexed hereto.) Request and Certification of Default as to, Michele Trussell and Patrick Trussell Filed December 02, 2014 Default Filed December 02, 2014 Attorney Certification of Diligent Inquiry Pursuant to Rule 4:64-2(d) RECEIVED September 25,

4 Notice of Motion for Final Judgment Filed September 25, 2015 Notice is directed to, Michele Trussell; Patrick Trussell. Certification of Mailing Pleadings for Final Judgment RECEIVED September 25, 2015 (See copy annexed hereto) Certification of Mailing Filed Default RECEIVED September 25, 2015 Certification sets forth that on May 28, 2015, a copy of the filed Default was mailed to: Patrick Trussell at 29 Clinton Street, Newton, NJ and to Michele Trussell at both 29 Clinton Street, Newton, NJ and 95B Trinity Street, Newton, NJ Certification of Mailing of Mediation Notices RECEIVED September 25, 2015 Certification sets forth that Mediation Papers were provided to the borrowers upon service of the Summons and Complaint, pursuant to the Amended Court Rules, effective April 1, Certification of Mailing of the Notice to Cure pursuant to the terms of the Fair Foreclosure Act RECEIVED September 25, 2015 Certification sets forth that on May 28, 2015, a 14 day letter pursuant to Section 6 of the Fair Foreclosure Act NJSA 2A: More than 10 ten days has elapsed since receipt by the debtors of the Notice to Cure. Neither the attorneys office or servicer has received a written statement from the debtors certifying that there is a reasonable likelihood that he/she/they will be able to provide payment necessary to cure the default within forty five days of the date of the notice that was sent. 3

5 Certification of Non-Military Service or Inability to Ascertain Military Status RECEIVED September 25, 2015 Michele Trussell; Patrick Trussell are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Certification of Search Fees and Sheriff's Fees RECEIVED September 25, 2015 Total fees requested $ Certification of Amount Due in Support of Entry of Final Judgment RECEIVED September 25, 2015 Certification by a representative of the plaintiff sets forth that there is due the sum of $303, on its mortgage together with interest to grow due thereon from August 13, (See copy annexed hereto) Final Judgment Filed October 30, 2015 (See copy annexed hereto.) Plaintiff s Costs $3, Writ of Execution issued October 30, 2015 and returned to court on November 17, 2015 unsatisfied Report of Sale annexed thereto sets forth that on August 31, 2016, the Sheriff of Sussex County sold the Mortgaged premises to for the sum of $76, Affidavit of highest and best price annexed thereto. 4

6 NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE REPORT OF SALE FAILS TO SET FORTH THAT THE MORTGAGED PREMISES WERE SOLD AT PUBLIC VENDUE. Certification of Mailing of Filed Final Judgment RECEIVED November 24, 2015 On November 24, 2015, a copy of the filed Final Judgment was mailed by regular and certified mail to, Patrick Trussell at the address where he was served with the summons complaint and to, Michele Trussell at the address where she was served with the summons complaint and also to the mortgaged premises. Certification of Mailing Notice of Sale RECEIVED July 22, 2016 On July 12, 2016, a Notice of Sheriff's Sale was mailed by regular and certified mail to, Patrick Trussell at the address where he was served with the summons complaint and to, Michele Trussell at the address where she was served with the summons complaint and also to the mortgaged premises. Notice of Appearance RECEIVED December 14, 2016 Rami M. Salim, Esq., of Fein, Such, Kahn & Shepard, P.C., does hereby enter an appearance in the entitled action on behalf of Federal Home Loan Mortgage Corporation assignee of the successful bid at Sheriff s Sale. 5

7 Certification of Non-Military Service or Inability to Ascertain Military Status RECEIVED December 14, 2016 Michele Trussell and Patrick Trussell are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Writ of Possession issued December 29, 2016 (Certification to Support Issuance of Writ of Possession annexed hereto) 6

8 THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: July 13, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax S. A. 7

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