GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT BAYVIEW LOAN SERVICING, LLC, DELAWARE LIMITED LIABILITY COMPANY vs. Plaintiff, MARIA BELL; MR. BELL, husband of Maria Bell; JASON BELL Defendants, SUPERIOR COURT OF NEW JERSEY SOMERSET COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to TWO RIVERS TITLE COMPANY 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. YOUR REFERENCE # TRT12368 TITLE OFFICER

2 Complaint to Foreclose Filed October 28, 2014 Phelan Hallinan & Diamond, PC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Maria Bell and Jason Bell to Mortgage Electronic Registration Systems Inc, as Nominee for Mild Mortgage, Inc., its Successors and Assigns to secure the sum of $283, Obligation and mortgage dated June 26, The mortgage was recorded in Somerset County on July 08, 2009 in Book 6239, Page This is a Non 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. Bell, husband of Maria Bell is/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 as may be set forth in the demand for judgment included on the annexed copy of the Complaint. 1

3 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 all the allegations set forth in Counts One and Two of the Complaint as if set forth at length herein. Mr. Bell, husband of Maria Bell is named as a party defendant herein for any lien, claim or interest he may have in, to or on the mortgaged premises because he is the husband of Maria Bell. By deed dated November 24, 2008 and recorded December 1, 2008 in Book 6177 Page 3144, Stephanie Baran, administratrix of the estate of Mary E. Baran conveyed property to Maria Bell, MARRIED. a. Mr. Bell, husband of Maria Bell is hereby named a party defendant herein for any lien, claim or interest he may have in, to or on the mortgaged premises, which were acquired after the date of the mortgage, because he is the husband of Maria Bell and it not being known whether or not she is married. The mortgage loan documents establish that Maria Bell was married and therefore any interest by Mr. Bell, husband of Maria Bell the unknown spouse of Maria Bell is subsequent to the subject mortgage. This defendant is also joined for any lien, claim or interest he may have in, to or on the mortgaged premises by virtue of the Domestic Partnership Act N.J.S 26:8A-6. Thereafter, Maria Bell and Jason Bell gave a mortgage dated June 26, 2009 and recorded July 8, 2009 in mortgage Book 6239 at Page 1565 to secure $283, to Mortgage Electronic Registration Systems, Inc. as nominee for MLD Mortgage, Inc. its successors and assign predecessor to plaintiff herein. However, said mortgage was not executed by Mr. Bell, husband of Maria Bell. 2

4 But for the financing provided by Mortgage Electronic Registration Systems, Inc. as nominee for MLD Mortgage, Inc. its successors and assigns the said Mr. Bell, husband of Maria Bell having not executed the mortgage given to Mortgage Electronic Registration Systems, Inc. as nominee for MLD Mortgage, Inc. its successors and assigns could not have continued to enjoy any lien, claim or interest in the subject premises. The failure to obtain the signature of Mr. Bell, husband of Maria Bell on the mortgage given to Mortgage Electronic Registration Systems, Inc. as nominee for MLD Mortgage, Inc. its successors and assigns appears to have been a mistake or oversight on the part of parties involved in the closing as it was clearly intended that the interest of Mr. Bell, husband of Maria Bell would be subordinate to and subject to the mortgage given by Maria Bell and Jason Bell to Mortgage Electronic Registration Systems, Inc. as nominee for MLD Mortgage, Inc. its successors and assigns as said funds loaned in order to allow the continued lien, claim or interest in the property by Maria Bell, Jason Bell and Mr. Bell, husband of Maria Bell. WHEREFORE, it is respectfully requested that the mortgage documents be reformed so as to designate Mr. Bell, husband of Maria Bell as a mortgagor and subject his interest therein to the rights of the Plaintiff and or its subsequent assignee and upon entry of Judgment to bar his from all equity of redemption; and for all other remedies that the Court deems just and equitable. By: The Complaint is signed, Phelan Hallinan & Diamond, PC Attorneys for Plaintiff Michael R. Shoeniger, Esq. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION PURSUANT TO RULE 4:64-1(a) ANNEXED TO THE COMPLAINT FAILS TO SPECIFICALLY STATE THAT PLAINTIFF HAS RECEIVED AND REVIEWED THE TITLE SEARCH. 3

5 Summons dated October 29, 2014 (See returns and/or acknowledgments of service for Maria Bell and Jason Bell annexed hereto.) Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1 RECEIVED October 31, 2014 On October 31, 2014, a Notice to Residential Tenants of Rights During Foreclosure was mailed by regular and certified mail to each Tenant and Inquilino, at the mortgaged premises. Notice of Dismissal as to Mr. Bell, husband of Maria Bell Filed November 21, 2014 Request and Certification of Default as to Maria Bell and Jason Bell Filed December 15, 2014 Default Filed December 15, 2014 Proof of Mailing-Entry of Default RECEIVED March 16, 2015 On March 13, 2015, a copy of the filed default was mailed to Maria Bell and Jason Bell at the address where they were served with summons and complaint. 4

6 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED March 30, 2015 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED March 31, 2015 On March 13, 2015 a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to, Maria Bell and Jason Bell at the address where they were served with summons and complaint, which is in fact the mortgaged premises, defendant's place of abode. More than ten days have passed since receipt of the notice by the debtors. Notice of Motion for Entry of Judgment RECEIVED May 29, 2015 The Notice of Motion for Entry of Judgment is directed to Maria Bell and Jason Bell. Proof of Service of Notice of Motion for Final Judgment RECEIVED May 29, 2015 (See copy annexed hereto) NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION OF SERVICE OF THE NOTICE OF MOTION FOR ENTRY OF JUDGMENT DOES NOT SPECIFY THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL. 5

7 NOTE: WE FAIL TO FIND ANY CERTIFICATION THAT NOTICE OF FORECLOSURE MEDIATION AVAILABILITY WAS SERVED WITH SUMMONS AND COMPLAINT FILED, PURSUANT TO COURT ORDER OF FEBRUARY 27, 2013 FILED IN THIS ACTION. Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED May 29, 2015 Maria Bell and Jason Bell are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED May 29, 2015 On March 13, 2015 a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to, Maria Bell and Jason Bell at the address where they were served with summons and complaint, which is in fact the mortgaged premises, defendant's place of abode. More than ten days have passed since receipt of the notice by the debtors. Certification of Costs/Search Fees RECEIVED May 29, 2015 Total fees requested $ Proof of Amount Due and Schedule RECEIVED May 29, 2015 Certification by a representative of the plaintiff sets forth that there is due the sum of $342, on its mortgage together with interest to grow due thereon from March 15, (See copy annexed hereto.) 6

8 Final Judgment Filed June 26, 2015 (See copy annexed hereto.) Plaintiff s Costs $4, Writ of Execution issued June 26, 2015 and returned to court satisfied on March 09, 2016 Report of Sale annexed thereto sets forth that on December 08, 2015, the Sheriff of Somerset County sold the Mortgaged premises at public vendue to 187 Driscoll, LLC represented by Joe Otero, for the sum of $171, Affidavit of highest and best price annexed thereto. Proof of Mailing RECEIVED July 23, 2015 On July 22, 2015, a copy of the filed Final Judgment was mailed by regular and certified mail to Maria Bell and Jason Bell at the address where they were served with summons and complaint. Certification of Proof of Mailing RECEIVED October 27, 2015 On October 26, 2015, a Notice of Sheriff's Sale was mailed by regular and certified mail to Maria Bell and Jason Bell at the address where they were served with summons and complaint. 7

9 THIS CHANCERY ABSTRACT IS CERTIFIED TO TWO RIVERS TITLE COMPANY LLC DATED: August 20, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax S. A. 8

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