GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT REVERSE MORTGAGE SOLUTIONS, INC., vs. Plaintiff, EARL FAULK, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest; LATONYA FAULK; MR. FAULK, Spouse of Latonya Faulk; MIDLAND FUNDING LLC; STATE OF NEW JERSEY; UNITED STATES OF AMERICA, Defendants, SUPERIOR COURT OF NEW JERSEY ESSEX COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to 1ST RATE TITLE AND SETTLEMENT SERVICES 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. GREATER ATLANTIC LEGAL SERVICES, INC. YOUR REFERENCE # 1rts-4204 TITLE OFFICER

2 Complaint to Foreclose Filed June 1, 2016 RAS Citron, LLC, Attorneys for Plaintiff Summons dated June 2, 2016 (See return(s) and/or acknowledgment(s) of service for Midland Funding, LLC and United States of America annexed hereto.) Notice of Dismissal as to Estate of Earl Faulk Filed September 16, 2016 Amended Complaint to Foreclose Filed September 22, 2016 RAS Citron, LLC, Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Earl Faulk to Reverse Mortgage Solutions, Inc. to secure the sum of $142, Obligation and mortgage dated August 9, The mortgage was recorded in Essex County on August 22, 2013 in Book 12452, Page THIS IS A NON PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. By virtue of assignment(s) more particularly set forth in the annexed copy of the 1

3 Amended Complaint, the mortgage was assigned to the Plaintiff. Latonya Faulk; Mr. Faulk, Spouse of Latonya Faulk; Midland Funding, LLC; State of New Jersey; United States of America is/are made defendant(s) for reasons more particularly set forth in the annexed copy of the Amended 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. 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 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. THIRD COUNT Plaintiff repeats the allegations contained in the First and Second Counts as if same were repeated as length. The Assignment of Mortgage described in the First Count contains a scrivener's error as it erroneously refers to the subject mortgage Page Number as The correct mortgage Page Number should be Page

4 Plaintiff is entitled to have said scrivener's error in the Assignment of Mortgage corrected to read Page Number WHEREFORE, Plaintiff demands judgment: Ordering that the Mortgage Page Number contained within the Assignment of Mortgage be corrected to read Page Number 9759; and For any relief that the Court deems necessary. By: The Amended Complaint is signed, RAS CITRON, LLC Attorneys for Plaintiff Jason Rojas, Esquire Certification as to Defendants with Fictitious Names RECEIVED November 28, 2016 Certification sets forth A private process server was unable to ascertain the actual, real or given name of the defendant, Mr. Faulk, Spouse of Latonya Faulk because the occupants were unavailable at the time of service. Certification of Inquiry and Publication (as to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest) RECEIVED November 29, 2016 (See copy annexed hereto.) Affidavit of Publication annexed thereto sets forth on June 10, 2016, a Notice to Absent Defendants directed to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest was published in The Star Ledger. NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRY AS TO EARL FAULK, HIS HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HIS, HERS, THEIR OF ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST. 3

5 Certification of Inquiry Regarding Service on Known Heir and Proof of Mailing RECEIVED November 29, 2016 (See copy annexed hereto.) Notice to State RECEIVED November 29, 2016 Service of the Notice to State and a copy of the Complaint is acknowledged for the State of New Jersey on June 3, Robert T. Lougy Attorney General of the State of New Jersey by: Eileen McMorimon. (See return/acknowledgment of service for State of New Jersey annexed hereto.) Certification of Mailing (as to USA-DC) RECEIVED November 29, 2016 On June 2, 2016, a copy of the Summons and Complaint was mailed via certified mail to United States of America c/o Attorney General, 950 Pennsylvania Avenue, N.W. Washington, DC A copy of the 60 day Summons and a signed return receipt directed to the aforesaid defendant indicating delivery on June 8, 2016 annexed thereto. Certification of Mailing Amended Complaint RECEIVED November 29, 2016 On September 30, 2016, a copy of the Amended Complaint was sent via certified and regular mail to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest at 27 Dupont Place, Irvington, NJ 07111; Midland Funding LLC C/O Corporation Service Company, R.A. at 830 Bear Tavern Road, West Trenton, NJ 08628; United States of America, c/o Attorney General, 950 Pennsylvania Avenue, N.W. Washington, DC 20530, United States of America C/O US Attorney for the District of New Jersey at 970 Broad Street 7th Fl, Newark, NJ and State of New Jersey Attorney General of New Jersey, Hughes Justice Complex at 25 West Market Street CN080, Trenton, NJ

6 Request and Certification/Affidavit of Default as to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest; Latonya Faulk; Mr. Faulk, Spouse of Latonya Faulk; Midland Funding LLC; State of New Jersey; United States of America Filed November 29, 2016 Default Filed November 29, 2016 Notice of Motion to Reform Assignment of Mortgage Dated February 11, 2016 Filed January 4, 2017 Notice directed to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest at 27 Dupont Place, Irvington, NJ 07111; Latonya Faulk and Mr. Faulk, Spouse of Latonya Faulk at at 27 Dupont Place, Irvington, NJ 07111; Midland Funding LLC C/O Corporation Service Company, R.A. at 830 Bear Tavern Road, West Trenton, NJ 08628; United States of America, c/o Attorney General, 950 Pennsylvania Avenue, N.W. Washington, DC 20530, United States of America C/O US Attorney for the District of New Jersey at 970 Broad Street 7th Fl, Newark, NJ and State of New Jersey Attorney General of New Jersey, Hughes Justice Complex at 25 West Market Street CN080, Trenton, NJ Motion Returnable January 20, Certification of Service RECEIVED January 4, 2017 On January 3, 2017, a copy of the Notice of Motion made returnable January 20, 2017, Proposed Order, Certification in Support and Exhibits was sent via certified and regular mail to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest at 27 Dupont Place, Irvington, NJ 07111; Latonya Faulk and Mr. Faulk, Spouse of Latonya Faulk at at 27 Dupont Place, Irvington, NJ 07111; Midland Funding LLC C/O Corporation Service Company, R.A. at 830 Bear Tavern Road, West Trenton, NJ 08628; United States of America, c/o Attorney General, 950 Pennsylvania Avenue, N.W. Washington, DC 20530, United States 5

7 of America C/O US Attorney for the District of New Jersey at 970 Broad Street 7th Fl, Newark, NJ and State of New Jersey Attorney General of New Jersey, Hughes Justice Complex at 25 West Market Street CN080, Trenton, NJ Certification in Support of Motion to Reform Assignment of Mortgage Dated February 11, 2016 RECEIVED January 4, 2017 Certification sets forth The Mortgage was assigned from Mortgage Electronic Registration Systems, Inc. as Nominee for Reverse Mortgage Solutions, Inc. to Reverse Mortgage Solutions, Inc. by way of Assignment of Mortgage dated February 11, 2016 and recorded on March 17, 2016 under Instrument Number By inadvertence, mistake, or otherwise, the Assignment of Mortgage erroneously failed to include the correct recording information of the Subject Mortgage, instead referencing the recording information of the 2nd HUD Mortgage. This appears to have been a mistake or oversight on the part of the parties involved in the drafting of the Assignment of Mortgage as it was clearly intended that the correct recording information of the Mortgage be included. Letter to Judge/Confirming Return Date Filed January 19, 2017 Order Reforming Assignment of Mortgage Dated February 11, 2016 Filed January 23, 2017 IT IS ORDERED on this 23rd day of January, ) THAT the Assignment of Mortgage dated February 11, 2016 from Mortgage Electronic Registration Systems, Inc. as Nominee for Reverse Mortgage Solutions, Inc., to Reverse Mortgage Solutions, Inc and recorded on March 17, 2016 as Instrument is hereby reformed to designate the recording information of the Mortgage as follows: "of record on 8/33/2013 in Book at Page 9759". I) The aforementioned Assignment of Mortgage is related to the Mortgage executed by Defendants Earl Faulk to Mortgage Electronic Registration Systems, Inc. as Nominee for Reverse Mortgage Solutions, Inc., in the amount of$142, and recorded in the Essex County Clerk's Office on August 22, 2013 in Mortgage Book at Page

8 2) That Plaintiff be and is hereby permitted to record an exemplified copy of this Order to the Essex County Clerk's Office provided that Plaintiff pays the requisite fees. Certification of Correction RECEIVED December 15, 2017 Certification sets forth By inadvertence or error, Paragraph 1 of the First Count of the Complaint did not allege the interest rate and that interest is compounded. It should read, On 08/09/2013 the Defendant, Earl Faulk being indebted to Reverse Mortgage Solutions, Inc. executed a Note of that date in the maximum principal amount of $142, with an initial interest rate of 2.186% payable when a maturing event takes place as defined in the Note and Mortgage. This Note calls for the compounding of interest. Amended Order Reforming Assignment of Mortgage Dated February 11, 2016 Filed January 24, 2018 IT IS ORDERED on this 24rd day of January, ) THAT the Assignment of Mortgage dated February 11, 2016 from Mortgage Electronic Registration Systems, Inc. as Nominee for Reverse Mortgage Solutions, Inc., to Reverse Mortgage Solutions, Inc and recorded on March 17, 2016 as Instrument is hereby reformed to designate the recording information of the Mortgage as follows: "of record on 8/22/2013 in Book at Page 9759". I) The aforementioned Assignment of Mortgage is related to the Mortgage executed by Defendants Earl Faulk to Mortgage Electronic Registration Systems, Inc. as Nominee for Reverse Mortgage Solutions, Inc., in the amount of$142, and recorded in the Essex County Clerk's Office on August 22, 2013 in Mortgage Book at Page ) That Plaintiff be and is hereby permitted to record an exemplified copy of this Order to the Essex County Clerk's Office provided that Plaintiff pays the requisite fees. Foreclosure Dismissal Notice (Lack of Prosecution) Filed January 26,

9 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED January 31, 2018 Notice of Motion for Final Judgment Filed January 31, 2018 The Notice of Motion for Final Judgment is directed to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest at 27 Dupont Place, Irvington, NJ 07111; Latonya Faulk and Mr. Faulk, Spouse of Latonya Faulk at at 27 Dupont Place, Irvington, NJ 07111; Midland Funding LLC C/O Corporation Service Company, R.A. at 830 Bear Tavern Road, West Trenton, NJ 08628; United States of America, c/o Attorney General, 950 Pennsylvania Avenue, N.W. Washington, DC 20530, United States of America C/O US Attorney for the District of New Jersey at 970 Broad Street 7th Fl, Newark, NJ and State of New Jersey Attorney General of New Jersey, Hughes Justice Complex at 25 West Market Street CN080, Trenton, NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED January 31, 2018 On January 31, 2018, 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 Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest at 27 Dupont Place, Irvington, NJ 07111; Latonya Faulk and Mr. Faulk, Spouse of Latonya Faulk at at 27 Dupont Place, Irvington, NJ 07111; Midland Funding LLC C/O Corporation Service Company, R.A. at 830 Bear Tavern Road, West Trenton, NJ 08628; United States of America, c/o Attorney General, 950 Pennsylvania Avenue, N.W. Washington, DC 20530, United States of America C/O US Attorney for the District of New Jersey at 970 Broad Street 7th Fl, Newark, NJ and State of New Jersey Attorney General of New Jersey, Hughes Justice Complex at 25 West Market Street CN080, Trenton, NJ

10 Certification of Service of Notice of Foreclosure Mediation Forms RECEIVED January 31, 2018 Certification sets forth a copy of the Notice of Foreclosure Mediation Forms were served with the Summons and Complaint upon Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest and Latonya Faulk. Proof of Mailing of Tenants' Rights Pursuant to R.4:64-1 RECEIVED January 31, 2018 On January 31, 2018, a copy of the Notice to Residential Tenants of Rights During Foreclosure was sent via certified and regular mail to Tenants at 27 Dupont Place, Irvington, NJ Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED January 31, 2018 Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest and Latonya Faulk is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Due to lack of a social security number, plaintiff cannot determine whether Mr. Faulk, Spouse of Latonya Faulk in the military service. Proof of Mailing Default RECEIVED January 31, 2018 On April 26, 2017, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process or last known address. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED January 31,

11 On April 26, 2017, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest and Latonya Faulk at the following address: 27 Dupont Place, Irvington, NJ As of May 10, 2017, no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification/Affidavit of Costs/Search Fees RECEIVED January 31, 2018 Total fees requested $ Certification/Affidavit of Amount Due RECEIVED January 31, 2018 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $83, on its mortgage together with interest to grow due thereon from October 11, (See copy annexed hereto.) Final Judgment Filed February 27, 2018 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $1,

12 Writ of Execution issued February 27, 2018 (Not as yet returned into Court.) Certification/Affidavit of Mailing RECEIVED June 7, 2018 On June 6, 2018 a Notice of Sheriff's Sale was mailed by regular and certified mail to Earl Faulk, his heirs, devisees and personal representatives and his, hers, their of any of their successors in right, title and interest at 27 Dupont Place, Irvington, NJ 07111; Latonya Faulk and Mr. Faulk, Spouse of Latonya Faulk at at 27 Dupont Place, Irvington, NJ 07111; Midland Funding LLC C/O Corporation Service Company, R.A. at 830 Bear Tavern Road, West Trenton, NJ 08628; United States of America, c/o Attorney General, 950 Pennsylvania Avenue, N.W. Washington, DC 20530, United States of America C/O US Attorney for the District of New Jersey at 970 Broad Street 7th Fl, Newark, NJ and State of New Jersey Attorney General of New Jersey, Hughes Justice Complex at 25 West Market Street CN080, Trenton, NJ and Unknown Tenant at 27 Dupont Place, Irvington, NJ LAST ENTRY 11

13 THIS CHANCERY ABSTRACT IS CERTIFIED TO 1ST RATE TITLE AND SETTLEMENT SERVICES LLC DATED: August 16, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax tll 12

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31 SWC-F /29/2016 4:19:33 PM Pg 8 of 15 Trans ID: CHC /8/2016 USPS.com - USPS Tracking English Customer Service USPS Mobile Register / Sign In USPS Tracking Still Have Questions? Browse our FAQs Get Easy Tracking Updates Sign up for My USPS. Tracking Number: Product & Tracking Information Postal Product: Features: First-Class Mail Certified Mail Return Receipt Available Actions Text Updates DATE & TIME STATUS OF ITEM LOCATION Updates November 8, 2016, 12:06 am Arrived at USPS Destination Facility TETERBORO, NJ Your item arrived at our TETERBORO, NJ destination facility on November 8, 2016 at 12:06 am. The item is currently in transit to the destination. November 4, 2016, 9:34 am October 13, 2016, 3:24 pm Unclaimed/Max Hold Time Expired Notice Left (No Authorized Recipient Available) IRVINGTON, NJ IRVINGTON, NJ October 12, 2016, 7:21 pm Departed USPS Facility KEARNY, NJ October 11, 2016, 9:42 pm October 11, 2016 Arrived at USPS Destination Facility Pre-Shipment Info Sent to USPS, USPS Awaiting Item KEARNY, NJ Track Another Package Tracking (or receipt) number Track It Manage Incoming Packages Track all your packages from a dashboard. No tracking numbers necessary. Sign up for My USPS 1/2

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38 SWC-F F 01/31/ /27/ :55:51 AM Pg 1 Pg of 13 of Trans 3 Trans ID: CHC ID: CHC RAS Citron, LLC 130 Clinton Road, Suite 202 FAIRFIELD, NJ ATTORNEYS FOR PLAINTIFF Oliver Ayon, Esq. STATE BAR NUMBER: REVERSE MORTGAGE SOLUTIONS, INC., Plaintiff/Mortgagee vs. EARL FAULK, HIS HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HIS, HERS, THEIR OF ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; LATONYA FAULK; MR. FAULK, SPOUSE OF LATONYA FAULK; MIDLAND FUNDING LLC; STATE OF NEW JERSEY; UNITED STATES OF AMERICA Defendant(s)/Mortgagor(s) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION ESSEX COUNTY DOCKET NO. F FORECLOSURE JUDGMENT This matter being opened to the Court by RAS Citron, LLC, Attorneys for the Plaintiff and it appearing that the Summons and Complaint and Amended Complaint, if any, has been duly issued and returned served on all Defendants and default having been entered against all Defendants; and the Plaintiff's Note and Mortgage having been presented and marked as Exhibits by the Court; And it appearing from the Affidavits and/or Certifications filed herein that there is due to the Plaintiff the sum of $83, on its mortgage described in the Complaint; and sufficient cause appearing; It is, on this 27th day of, February

39 SWC-F F 01/31/ /27/ :55:51 AM Pg 2 Pg of 23 of Trans 3 Trans ID: CHC ID: CHC ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $83, together with lawful interest thereon to be computed from October 11, 2017 together with costs of this suit to be taxed, and a counsel fee of $ included therein raised and paid out of the mortgaged premises described in the Complaint; And it is further ORDERED AND ADJUDGED that so much of the said mortgaged premises as will be sufficient to raise and satisfy the said Mortgage, interest and costs of the Plaintiff be sold and to raise and satisfy the mortgage, judgment or lien of the Defendants, if any above described in the order and by the priority above described and that an execution do issue for that purpose out of this Court directed to the Sheriff of the County of Essex commanding him to make sale according to law of so much of the mortgaged premises as will be sufficient to satisfy the said Mortgage, interest and costs of the Plaintiff and that he pay out of the proceeds of sale to the Plaintiff or its attorney, its debt, interest and costs and to satisfy the mortgage, judgment or lien of the Defendants, if any above described in the order and by the priority above described and that he pay out of the proceeds of sale to the respective Defendant or its attorney, its debt, interest and costs and that in case there is a surplus, the same shall be brought into this Court to abide the further order of this Court; and that the said Sheriff make his report to this Court of the sale as required by the rules of the Court. And it is further ORDERED AND ADJUDGED that the Plaintiff or the purchaser at the Sheriff's Sale herein, duly recover against the said Defendant(s), EARL FAULK, HIS HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HIS, HERS, THEIR OF ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; LATONYA FAULK; MR. FAULK, SPOUSE OF LATONYA FAULK; MIDLAND FUNDING LLC; STATE OF NEW JERSEY; UNITED STATES OF AMERICA; or anyone holding under them possession of the

40 SWC-F F 01/31/ /27/ :55:51 AM Pg 3 Pg of 3 of Trans 3 Trans ID: CHC ID: CHC premises mentioned and described in the said Complaint with the appurtenances and that a Writ of Possession issue thereon. And it is further ORDERED AND ADJUDGED that all of 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 so much of the said Mortgaged premises as shall be sold as aforesaid under this Judgment. The question of priority as between the Plaintiff and the United States of America with regard to counsel fees and advancements made by the Plaintiff shall await surplus money proceedings, if any and except as provided by 28 U.S.C And it is further ORDERED AND ADJUDGED that the Assignment of Mortgage described in the First Count contains a scrivener s error as it erroneously refers to the subject mortgage Page Number as The correct mortgage Page Number should be Page 9759, and the Final Judgment entered in this matter provide for reformation of the plaintiff's Mortgage so as to correct the clerical error set forth therein. However no possession is hereby awarded against any tenant protected by the provisions of the New Jersey Tenant Anti-Eviction Statute (N.J.S.A. 2A: et seq.) and no Writ of Possession shall issue against said tenants. /s/ Paul Innes, JSC PAUL INNES, P. J. Ch Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE