GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT GREEN TREE SERVICING LLC vs. Plaintiff, ROLANDO CANESSA; MRS. CANESSA, WIFE OF ROLANDO CANESSA; JOHN DOE AND JANE DOE 1-10 (Names Being Fictitious) TENANTS/OCCUPANTS; BANK OF AMERICA, NA Defendants, SUPERIOR COURT OF NEW JERSEY ESSEX COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to AMERICAN HOME 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 # AHT-50641P TITLE OFFICER

2 Complaint to Foreclose Filed September 26, 2014 Pluese, Becker, & Saltzman, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Ronaldo Canessa to Bank of America, NA to secure the sum of $236, Obligation and mortgage dated December 21, The mortgage was recorded in Essex County on January 22, 2008 in Book 12113, Page This mortgage 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. John Doe and Jane Doe 1-10 (Names Being Fictitious) Tenants/Occupants; Mrs. Canessa, wife of Rolando Canessa; Bank of America, NA are joined as party defendants herein by reason of which are 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 lands described above be sold according to law to satisfy the amount due to plaintiff; Appointing a receiver of rents, issues and profits of the lands described above. 1

3 SECOND COUNT Plaintiff respectfully incorporates herein the contents of Count I as if fully set forth herein. By the terms of the obligation and mortgage, plaintiff is entitled to possession of the premises 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, the Plaintiff respectfully requests judgment against the Defendants: for possession of the Mortgaged Property in favor of Plaintiff, their assignee or any purchaser at Sheriff's Sale; For damages for mesne profits; For costs. THIRD COUNT Plaintiff respectfully incorporates herein the contents of Counts I and II as if fully set forth herein. Plaintiff hereby reforms its mortgage because the body of the Mortgage described in the First Count of the Complaint inadvertently and through a clerical error sets forth the property address as 250 Weequacqic Avenue, when in fact the accurate address is 250 Weequahic Avenue. The metes and bounds in the legal description correctly describe the property as 250 Weequahic Avenue. WHEREFORE, Plaintiff demands Judgment reforming the Mortgage to correct the body of the mortgage to correctly set forth the property address as 250 Weequahic Avenue. By: The Complaint is signed, Pluese, Becker, & Saltzman, LLC Attorneys for Plaintiff Robert F. Thomas, Esq. 2

4 Summons dated September 26, 2014 (See returns of service for Rolando Canessa; John Doe 1, Tenant nka Jose Garcia; The Bank of America, NA annexed hereto.) Notice of Motion to Correct Name of Defendant Filed November 06, 2014 Notice is directed to, Rolando Canessa; Jose Garcia, Tenant; The Bank of America, NA. Certification of Service RECEIVED November 06, 2014 (See copy annexed hereto) Certification in Support of Motion to Correct Name of Defendant RECEIVED Order Correcting Name of Defendant Filed December 01, 2014 It is on this 1st day of December, 2014, ORDERED that the Complaint and all subsequent filed pleadings be corrected to identify the Defendant as Jose Garcia, Tenant. Voluntary Dismissal as to John Doe 2-10 and Jane Doe 1-10 (Name Being Fictitious) Tenants/occupants, Mrs. Canessa. Wife of Rolando Canessa, Only Filed December 17,

5 Request and Certification of Default as to Rolando Canessa; Jose Garcia, Tenant; The Bank of America, NA. Filed December 17, 2014 Default Filed December 17, 2014 Appearance Entered for, Bank of America, NA Filed July 10, 2015 Sills Cummis & Gross, PC, Attorney(s) for Defendants Consent Order Vacating Default Against Defendant Bank of America, N.A. September 03, 2015 IT IS, on this 3rd day of July 2015, ORDERED that the entry of default against BANA is hereby vacated pursuant to R. 4:43-3; and it is further ORDERED that BANA be permitted to file a non-contesting answer to Plaintiff's complaint; and it is further ORDERED that BANA's counsel shall serve a copy of this order on all parties to this action within seven (7) days of receipt. Uncontested Answer Entered for Defendant(s), Bank of America, NA Filed September 03, 2015 Sills Cummis & Gross, PC, Attorney(s) for Defendant 4

6 Notice of Motion to Substitute Plaintiff/Change Name Filed December 08, 2015 Notice is directed to, Rolando Canessa and Bank of America, NA. c/o Michael J. Pisko, Esq. Certification of Mailing RECEIVED December 08, 2015 (See copy annexed hereto) Certification in Support of Motion to Substitute Plaintiff RECEIVED December 08, 2015 Order Substituting Plaintiff/Changing Plaintiff's Name Filed January 19, 2016 IT IS on this 19th day of January, 2016, it is ORDERED and ADJUDGED that: The caption in this action be and hereby is amended by striking the name of Green Tree Servicing, LLC. Ditech Financial LLC be and hereby is substituted in the place and stead of Green Tree Servicing LLC as the party Plaintiff and all subsequent pleadings filed with the Court shall use the name of Ditech Financial LLC in the caption. The Superior Court Clerk is directed to change, as herein modified, the name of the party Plaintiff on the automated case management system docket. A copy of this Order shall be served on all appearing parties within Seven (7) days of the date of this Order. Certification of Mailing RECEIVED January 20, 2016 On January 20, 2016, a copy of the Filed Order Substituting Plaintiff was mailed by regular mail to, Rolando Canessa at the address where he was served with the summons and complaint and to, Bank of America, NA. c/o Michael J. Pisko, Esq. 5

7 Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED Notice Motion for Entry of Final Judgment and Certification of Service Filed May 03, 2016 Notice is directed to, Rolando Canessa; Bank of America c/o c/o Michael J. Pisko, Esq. and Jose Garcia, Tenant. Certification of Service RECEIVED May 03, 2016 (See copy annexed hereto) Certification of Non-Military Service or Inability to Ascertain Military Status RECEIVED May 03, 2016 Ronaldo Canessa is/are not in the military service. Reports from the Department of Defense Manpower Data Center annexed thereto. Due to lack of a social security number, plaintiff cannot determine whether Jose Garcia, Tenant is/are in the military service. Certification of Service RECEIVED May 03, 2016 On December 23, 2014, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with summons and complaint. 6

8 Certification of Mailing of Notice of Intent to Enter Foreclosure RECEIVED May 03, 2016 On December 23, 2014, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by certified mail to Rolando Canessa at the address where she was served with summons and complaint and to the mortgaged premises. More than ten days have passed since receipt of the notice by the debtors. Certification of Search Fees RECEIVED May 03, 2016 Total fees requested $ Certification of Proof of Amount Due and Schedule RECEIVED May 03, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $385, on its mortgage together with interest to grow due thereon from January 13, (See copy annexed hereto) Final Judgment Filed June 06, 2016 (See copy annexed hereto.) Plaintiff s Costs $4,

9 Writ of Execution issued June 06, 2016 and returned Certification of Mailing RECEIVED June 13, 2016 On June 13, 2016, the Filed Final Judgment was mailed by regular and certified mail to Rolando Canessa; Bank of America c/o Michael J. Pisko, Esq. and Jose Garcia, Tenant at the addresses where they were served with summons and complaint and also to any other tenant at the mortgaged premises. Proof of Mailing RECEIVED November 30, 2016 On November 30, 2016, a Notice of Sheriff's Sale was mailed by regular and certified mail to, Rolando Canessa; Bank of America c/o Michael J. Pisko, Esq. and Jose Garcia, Tenant at the addresses where they were served with summons and complaint and also to any other tenant at the mortgaged premises. Report of Sale RECEIVED March 14, 2018 On December 13, 2016, the Sheriff of Essex County sold the mortgaged premises at public vendue to Ditech Financial LLC for the sum of $ Affidavit of highest and best price annexed thereto. 8

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

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