GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT DITECH FINANCIAL LLC fka Green Tree Servicing LLC vs. Plaintiff, LOUIS J. GLYNN MRS. LOUIS J. GLYNN, his wife CAPITAL ONE, NATIONAL ASSOCIATION Defendants, SUPERIOR COURT OF NEW JERSEY MONMOUTH COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to COASTAL TITLE AGENCY, INC. 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 # CT TITLE OFFICER

2 Complaint to Foreclose Filed November 18, 2015 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Louis J. Glynn to Mortgage Electronic Registration Systems, Inc., as nominee for Home Loan Center, Inc. dba LendingTree Loans, its successors and assigns to secure the sum of $378, Obligation and mortgage dated September 8, The mortgage was recorded in Monmouth County on September 25, 2007 in Book OR-8679, 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. Mrs. Louis J. Glynn, his wife and Capital One, National Association 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 1

3 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 Capital One, National Association is hereby named a party defendant herein for any lien, claim or interest it may have in, to or on the mortgaged premises by virtue of the following mortgage. Upon information and belief, said mortgage has been satisfied, but not discharged of record. Louis J. Glynn to Chevy Chase Bank FSB, dated January 10, 2003 and recorded February 4, 2003 in Mortgage Book OR-8187, Page To secure $150, Chevy Chase Bank FSB was subsequently acquired by Capital One, National Association. WHEREFORE, plaintiff demands judgment: Barring and foreclosing Capital One, National Association's interest in and to the subject premises; Costs of suit. FOURTH COUNT It having been revealed that the property description attached to the Plaintiff's mortgage incorrectly references Taylor's Mills Road requiring reformation, the plaintiff desires its mortgage documents to be reformed to correct the property description to reference Taylors Mills Road. 2

4 WHEREFORE it is respectfully requested that the mortgage documents be reformed to correct the clerical error and the Final Judgment entered in this matter provided for reformation of the plaintiff's mortgage documents so as to correct the clerical error set forth therein. By: The Complaint is signed, Phelan Hallinan Diamond & Jones, PC Attorneys for Plaintiff Shirley E. Pimm, 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. Summons dated November 20, 2015 (See returns of service for Louis J. Glynn annexed hereto.) Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1 RECEIVED November 23, 2015 On November 20, 2015, a Notice to Residential Tenants of Rights During Foreclosure was mailed by regular and certified mail to each Tenant and Inquilino at 572 Tennent Road, Manalapan, NJ Notice of Dismissal as to Mrs. Louis J. Glynn, his wife Filed December 18,

5 Certification of Inquiry/Mailing for Out of State Business (as to Capital One, National Association) RECEIVED December 23, 2015 (See copy annexed hereto.) Request and Certification of Default as to Louis J. Glynn and Capital One, National Association Filed January 12, 2016 Default Filed January 12, 2016 Proof of Mailing RECEIVED January 27, 2016 On January 26, 2016, 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 5, 2016 On January 21, 2016, Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Louis J. Glynn at 572 Tennent Road, Manalapan, NJ More than ten days have passed since receipt of the notice by the debtor. Notice of Dismissal as to Capital One, National Association and Third Count Filed March 15,

6 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED July 12, 2016 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED July 29, 2016 Notice of Motion for Entry of Judgment Filed July 29, 2016 The Notice of Motion for Entry of Judgment is directed to Louis J. Glynn at 572 Tennent Road, Manalapan, NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED July 29, 2016 On July 18, 2016, 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 party 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 5

7 OF FEBRUARY 27, 2013 FILED IN THIS ACTION. Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED July 29, 2016 Louis J. Glynn is not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED July 29, 2016 On January 26, 2016, 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 July 29, 2016 On January 21, 2016, Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Louis J. Glynn at 572 Tennent Road, Manalapan, NJ More than ten days have passed since receipt of the notice by the debtor. Certification of Costs/Search Fees RECEIVED July 29, 2016 Total fees requested $ Proof of Amount Due and Schedule RECEIVED July 29, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $421, on its mortgage together with interest to grow due thereon from June 22, The property described in the Complaint cannot be divided and should be 6

8 sold as a single tract. (See copy annexed hereto.) Final Judgment Filed August 26, 2016 (See copy annexed hereto.) Plaintiff s Costs $5, Writ of Execution issued August 26, 2016 and returned. Proof of Mailing RECEIVED September 1, 2016 On September 1, 2016, a copy of the filed Final Judgment was mailed by regular and certified mail to Louis J. Glynn. Certification of Proof of Mailing RECEIVED January 20, 2017 On January 19, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Louis J. Glynn at 572 Tennent Road, Manalapan, NJ Emergent Application for Stay of Sheriff's Sale Filed March 20, 2017 Maxine Glynn, Pro Se 7

9 Order to Stay Sheriff's Sale Filed March 20, 2017 ORDER DENIED. Report of Sale RECEIVED April 28, 2017 (See copy annexed hereto.) On March 20, 2017, the Sheriff of Monmouth County sold the mortgaged premises to Ditech Financial LLC/Federal National Mortgage Association for the sum of $1, Affidavit of highest and best price annexed thereto. 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. 8

10 THIS CHANCERY ABSTRACT IS CERTIFIED TO COASTAL TITLE AGENCY, INC. DATED: September 13, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax DEJ 9

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35 SWC F /28/2017 Pg 1 of 5 Trans ID: CHC