GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC2 vs. Plaintiff, SHANNON M. LAURIA MICHELLE K. LLOYD NEW CENUTRY FINANCIAL SERVICES Defendants, SUPERIOR COURT OF NEW JERSEY OCEAN 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. YOUR REFERENCE # BST TITLE OFFICER

2 Complaint to Foreclose Filed February 23, 2010 Phelan Hallinan and Schmieg, P.C., Attorneys for Plaintiff Summons dated April 12, 2010 (See return of service for Michelle K. Lloyd and Shannon Lauria annexed hereto.) Notice of Dismissal as to Mr. Lauria, husband of Shannon M. Lauria Filed May 24, 2010 Request and Certification of Default as to Shannon M. Lauria and Michelle K. Lloyd Filed May 24, 2010 Default Filed May 24, 2010 Amended Complaint to Foreclose Filed November 17, 2010 Phelan Hallinan and Schmieg, P.C., Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Shannon M. Lauria to Mortgage Electronic Registration Systems, Inc,. as nominee for WMC 1

3 Mortgage Corporation its successors and assigns to secure the sum of $190, Obligation and mortgage dated March 31, The mortgage was recorded in Ocean County on May 3, 2006 in Book 13150, 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 Amended Complaint, the mortgage was assigned to the Plaintiff. Shannon M. Lauria is aka Shannon Lauria. Michelle K. Lloyd and New Century Financial Services 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 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 Amended Complaint. SECOND COUNT Plaintiff is entitled to possession of the mortgaged premises. 2

4 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 Amended Complaint annexed hereto. By: The Amended Complaint is signed, Phelan Hallinan and Schmieg, P.C. Attorneys for Plaintiff Christy Zoltun Donati, Esquire 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. Summons dated November 23, 2010 (See return of service for New Century Financial Services annexed hereto.) Certification of Mailing the Amended Complaint RECEIVED December 8, 2010 On November 23, 2010, a copy of the Amended Complaint was sent by regular and certified mail to Shannon M. Lauria at 1316 Amsterdam Ave., Toms River, NJ 08757, and Michelle K. Lloyd at 1309 Englemere Blvd., Toms River, NJ Request and Certification of Default as to Shannon M. Lauria, Michelle K. Lloyd, and New Century Financial Services Filed January 6, 2011 Default Filed January 6,

5 Substitution of Attorney Filed February 1, 2013 NOTE: WE FAIL TO FIND A COPY OF THE SUBSTITUTION OF ATTORNEY FILED ON FEBRUARY 1, 2013 WITHIN THE COURT CASE JACKET. HOWEVER, THE COURT DOCKET INDICATES SAID PLEADING WAS FILED AS NOTED. Foreclosure Dismissal Warning Notice (Lack of Prosecution) Filed October 4, 2013 Attorney Certification in Opposition to the Court's Motion to Dismiss for Lack of Prosecution Under R. 4:64-8 Filed December 20, 2013 Certification sets forth that the case was included in the Order to Show Cause process that was created by the Court, and because Plaintiff has since acted diligently in moving this action forward, dismissal is not only inappropriate, but inequitable, as it would deprive Plaintiff of the opportunity to perform a meaningful review of the contents and accuracy of its documents to be presented for filing to the Court within as reasonable period of time following the conclusion of the Order to Show Cause process. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED February 20,

6 Certification Correcting Clerical Error RECEIVED April 2, 2014 Certification sets forth that the caption of the Amended Complaint and throughout the Amended Complaint the defendant was incorrectly referenced as New Cenutry Financial Services, when, in fact it should be New Century Financial Services. Certification sets forth that the assignment recording Book Number was incorrectly referenced at Book in paragraph 2a of the Amended Complaint, when, in fact, it should be Book Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED April 3, 2014 Notice of Motion for Entry of Judgment Filed April 3, 2014 The Notice of Motion for Entry of Judgment is directed to Michelle K. Lloyd at 1309 Englemere Boulevard, Toms River, NJ and c/o Ocean County Probation Division, Justice Complex, Room 240 at 120 Hooper Ave., Toms River, NJ 08753, Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester Township, NJ and c/o Ocean County Probation Division, Justice Complex, Room 240 at 120 Hooper Ave., Toms River, NJ 08753, and New Century Financial Services at 110 S. Jefferson Road, Ste. 104, Whippany, NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED April 3, 2014 On April 1, 2014, a copy of the Notice of Motion for Entry of Judgment, Certification of Amount Due and Certification of Diligent Inquiry pursuant to R 4:64-2 were mailed to the parties to whom the notice is directed. 5

7 Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED April 3, 2014 Shannon M. Lauria 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 Michelle K. Lloyd is in the military service. Proof of Mailing RECEIVED April 3, 2014 On November 4, 2013, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with summons and complaint. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED April 3, 2014 On November 4, 2013, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester, NJ More than ten days have passed since receipt of the notice by the debtor. Certification of Costs/Search Fees RECEIVED April 3, 2014 Total fees requested $ Proof of Amount Due and Schedule RECEIVED April 3, 2014 Certification by a representative of the plaintiff sets forth that there is due the sum of $269, on its mortgage together with interest to grow due thereon from January 20,

8 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED January 14, 2015 Proof of Mailing RECEIVED February 3, 2015 On February 2, 2015, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with summons and complaint. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED February 18, 2015 On February 2, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester, NJ More than ten days have passed since receipt of the notice by the debtor. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED March 13, 2015 On February 2, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester, NJ More than ten days have passed since receipt of the notice by the debtor. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED March 17,

9 Notice of Motion for Entry of Judgment Filed March 17, 2015 The Notice of Motion for Entry of Judgment is directed to Michelle K. Lloyd at 1309 Englemere Boulevard, Toms River, NJ 08757, Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester Township, NJ 08757, and New Century Financial Services at 110 S. Jefferson Road, Ste. 104, Whippany, NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED March 17, 2015 On February 17, 2015, a copy of the Notice of Motion for Entry of Judgment, Certification of Amount Due and Certification of Diligent Inquiry pursuant to R 4:64-2 were mailed to the parties to whom the notice is directed. 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. 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. Certification Correcting Clerical Error RECEIVED March 17, 2015 Certification sets forth that the caption of the Amended Complaint and throughout the Amended Complaint the defendant was incorrectly referenced as New Cenutry Financial Services, when, in fact it should be New Century Financial Services. Certification sets forth that the assignment recording Book Number was incorrectly referenced at Book in paragraph 2a of the Amended Complaint, when, in fact, it should be Book

10 Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED March 17, 2015 Shannon M. Lauria 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 Michelle K. Lloyd is in the military service. Proof of Mailing RECEIVED March 17, 2015 On February 2, 2015, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with summons and complaint. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED March 17, 2015 On February 2, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester, NJ More than ten days have passed since receipt of the notice by the debtor. Certification of Costs/Search Fees RECEIVED March 17, 2015 Total fees requested $ Proof of Amount Due and Schedule RECEIVED March 17, 2015 Certification by a representative of the plaintiff sets forth that there is due the sum of $285, on its mortgage together with interest to grow due thereon from December 10, (See copy annexed hereto.) 9

11 Final Judgment Filed April 17, 2015 (See copy annexed hereto.) Plaintiff s Costs $3, Writ of Execution issued April 17, 2015 and not returned. Proof of Mailing RECEIVED May 5, 2015 On April 24, 2015, a copy of the filed Final Judgment was mailed by regular and certified mail to each of the defendants. Certification of Proof of Mailing RECEIVED July 20, 2015 On July 10, 2015, a Notice of Sheriff's Sale was mailed by regular and certified mail to Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester, NJ Notice of Motion to Vacate Sheriff's Sale Filed February 26, 2016 Notices directed to Michelle K. Lloyd at 1309 Englemere Boulevard, Toms River, NJ 08757, Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester Township, NJ 08757, New Century Financial Services at 110 S. Jefferson Road, Ste. 104, Whippany, NJ 07981, and Mystic Holdings, LLC at 5 Windsor Court, Lakewood, NJ

12 Motion returnable March 18, Certification of Mailing Notice of Motion RECEIVED February 26, 2016 On February 26, 2016,a copy of the Notice of Motion was sent by regular and certified mail to the parties to whom the notice is directed. Certification in Support of Motion to Vacate Sale RECEIVED February 26, 2016 Certification sets forth that the successful bidder at the Sheriff's Sale held on August 11, 2015 has failed to pay the balance due on the purchase price. Order Vacating Sheriff's Sale Filed March 18, 2016 IT IS on this 18th day of March, 2016 ORDERED as follows: 1. The Sheriff's sale held on August 11, 2015 and sold the Mystic Holdings, LLC for $90,000.00, is hereby set aside and vacated; and 2. Plaintiff may request the scheduling of a new sale date from the Sheriff of Ocean County; and 3. The costs for scheduling and advertisement of a new sale date shall be deducted from the deposit of Mystic Holdings, LLC, the third party bidder. IT IS FURTHER ORDERED that a copy of this Order shall be served on all parties within seven days of Plaintiff's receipt of this Order. Proof of Mailing Order Vacating Sheriff's Sale RECEIVED April 1, 2016 On April 1, 2016, a copy of the filed Order Vacating Sheriff's Sale was sent by regular and certified mail and/or lawyer's service to Michelle K. Lloyd at 1309 Englemere Boulevard, Toms River, NJ 08757, Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester Township, NJ 08757, New Century Financial Services at 110 S. 11

13 Jefferson Road, Ste. 104, Whippany, NJ 07981, and Mystic Holdings, LLC at 5 Windsor Court, Lakewood, NJ NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE ORDER VACATING SHERIFF'S SALE WAS NOT SENT WITHIN THE SEVEN DAYS AS DIRECTED BY THE COURT. Alias Writ of Execution issued September 14, 2017 and returned. Certification of Proof of Mailing RECEIVED December 29, 2017 On December 28, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Shannon M. Lauria at 1316 Amsterdam Avenue, Manchester, NJ Report of Sale RECEIVED May 25, 2018 (See copy annexed hereto.) On January 23, 2018, the Sheriff of Ocean County sold the mortgaged premises at public vendue to Deutsche Bank National Trust company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-WMC2, Mortgage Pass-Through Certificates, Series 2006-WMC for the sum of $ They being the highest bidder therefore. 12

14 THIS CHANCERY ABSTRACT IS CERTIFIED TO BLACKSTONE STEWART ABSTRACT LLC DATED: August 24, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax DEJ 13

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34 SWC F /25/2018 Pg 1 of 1 Trans ID: CHC

35 SWC F /15/2018 Pg 1 of 12 Trans ID: CHC

36 SWC F /15/2018 Pg 2 of 12 Trans ID: CHC

37 SWC F /15/2018 Pg 3 of 12 Trans ID: CHC

38 SWC F /15/2018 Pg 4 of 12 Trans ID: CHC