GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT ONEWEST BANK, NA vs. Plaintiff, DONALD J. BERNARDI MRS. DONALD J. BERNARDI, his wife CAPE BANK, successor by merger to Boardwalk Bank DONALD BERNARDI JR. MIDLAND FUNDING LLC SCHIFFS FOOD SERVICE INC. JERSEY NATIONAL CAPITOL WINE & LIQUOR COMPANY MAXIMUM QUALITY FOODS PAPER AND POULTRY CO STATE OF NEW JERSEY UNITED STATES OF AMERICA Defendants, SUPERIOR COURT OF NEW JERSEY CUMBERLAND COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to DATA TRACE AND BRIGHTLINE TITLE 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 # BRIGHTLINEBNJ TITLE OFFICER

2 Complaint to Foreclose Filed July 15, 2015 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Donald J. Bernardi and Barbara M. Bernardi to American Home Bank, NA to secure the sum of $322, Obligation and mortgage dated September 19, The mortgage was recorded in Cumberland County on October 3, 2007 in Book 4033, Page 1034, et seq. This aforementioned Mortgage is a Reverse Mortgage. The aforementioned Mortgage is not a 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 Upon information and belief, Barbara Bernardi departed this life on June 26, Mrs. Donald J. Bernardi, his wife, Cape Bank, successor by merger to Boardwalk Bank, Donald Bernardi Jr., Midland Funding LLC, Schiffs Food Service Inc., Jersey National Capitol Wine & Liquor Company, Maximum Quality Foods Paper and Poultry Co., State of New Jersey, and United States of America 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 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. 1

3 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. By: The Complaint is signed, Frenkel Lambert Weiss Weisman & Gordon, LLP Attorneys for Plaintiff Samuel Bergsohn, Esq. Summons dated October 14, 2015 (See returns of service for Donald J. Bernardi, Cape Bank, successor by merger to Boardwalk Bank, Midland Funding LLC, Jersey National Capitol Wine & Liquor Company, Maximum Quality Foods Paper and Poultry Co., and United States of America annexed hereto.) Certification of Diligent Inquiry (as to Donald Bernardi, Jr.) RECEIVED May 19, 2016 (See copy annexed hereto.) 2

4 Certification of Diligent Inquiry (as to Schiffs Food Service Inc.) RECEIVED May 19, 2016 (See copy annexed hereto.) Notice to State RECEIVED May 19, 2016 Service of the within notice and copy of the Complaint are hereby acknowledged for the State of New Jersey on October 16, John J. Hoffman, Acting Attorney General, by: Ellen Seitz. (See return of service for State of New Jersey annexed hereto.) Certification of Mailing (as to United States of America - DC) RECEIVED May 19, 2016 (See copy annexed hereto.) NOTE: WE FAIL TO FIND RETURN RECEIPTS, SIGNED CERTIFIED MAIL RECEIPTS OR RETURNED MAIL FOR UNITED STATES OF AMERICA - DC. Notice of Dismissal as to Mrs. Donald J. Bernardi, his wife Filed May 19, 2016 Request and Certification/Affidavit of Default as to Donald J. Bernardi, Cape Bank, successor by merger to Boardwalk Bank, Donald Bernardi Jr., Midland Funding LLC, Schiffs Food Service Inc., Jersey National Capitol Wine & Liquor Company, Maximum Quality Foods Paper and Poultry Co., State of New Jersey, and United States of America Filed May 19,

5 Default Filed May 19, 2016 Certification of Counsel RECEIVED May 19, 2016 Certification sets forth that through error and inadvertence, Barbara M. Bernardi was set forth as the lead defendant on the Summons served to all defendants. Donald J. Bernardi is the lead defendant, and all pleadings set forth the correct lead defendant. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED April 17, 2017 Notice of Motion for Final Judgment Filed April 17, 2017 The Notice of Motion for Final Judgment is directed to Donald J. Bernardi at 1081 Rae Drive, Vineland, NJ 08360, Cape Bank, successor by merger to Boardwalk Bank at 225 N. Main Street, Cape May Court House, NJ 08210, Donald Bernardi Jr. at 129 Lakeside Drive, Fredericksburg, PA 17026, Midland Funding LLC, c/o Corporation Services Company at 830 Bear Tavern Road, West Trenton, NJ 08628, Schiffs Food Service Inc. at 7 Stauffer Industrial Park, Taylor, PA 18517, Jersey National Capitol Wine & Liquor Company at 205 Campus Drive, Kearny, NJ 07032, Maximum Quality Foods Paper and Poultry Co. at 3351 Tremley Point Road, Suite 2, Linden, NJ 07036, State of New Jersey at 25 West Market Street, PO Box 080, Trenton, NJ 08625, and United States of America, c/o Office of the Attorney General District of New Jersey at 970 Broad Street, Newark, NJ and c/o Office of the Attorney General, Department of Justice at 950 Pennsylvania Avenue, NW, Washington, DC

6 Proof of Service of Notice of Motion for Final Judgment RECEIVED April 17, 2017 On April 17, 2017, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, and Certification of Proof of Amount Due were mailed by regular and certified mail to the parties to whom the notice is directed. Certification of Mailing Mediation Forms RECEIVED April 17, 2017 Certification sets forth that a copy of the Foreclosure Mediation Availability and related forms were served with the Summons and Complaint. Attorney Certification RECEIVED April 17, 2017 Certification sets forth that Donald J. Bernardi and Barbara M. Bernardi are in default due to failure to maintain the taxes and/or insurance for the subject property. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED April 17, 2017 Donald J. Bernardi is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. The military status of Donald Bernardi Jr. could not be ascertained due to lack of sufficient information. Proof of Mailing RECEIVED April 17, 2017 On May 31, 2016, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. 5

7 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED April 17, 2017 On October 3, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Donald J. Bernardi at 1081 Rae Drive, Vineland, NJ Certification by the attorney for plaintiff sets forth that neither the lender nor the office of the attorney for plaintiff received any statement from the debtor indicating that there was a likelihood that he would be able to provide payment necessary to cure the default. More than ten days have passed since receipt of the notice by the debtor. Certification/Affidavit of Costs/Search Fees RECEIVED April 17, 2017 Total fees requested $ Certification/Affidavit of Amount Due RECEIVED April 17, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $190, on its mortgage together with interest to grow due thereon from March 10, The property described in the Complaint cannot be divided and should be sold as a single tract. (See copy annexed hereto.) Final Judgment Filed May 9, 2017 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. 6

8 Plaintiff s Costs $2, Writ of Execution issued May 9, (Returned into Court: Satisfied.) Certification/Affidavit of Mailing RECEIVED April 4, 2015 On March 23, 2018, a Notice of Sheriff's Sale and Certification of Diligent Inquiry were mailed by regular and certified mail to Donald J. Bernardi at 1081 Rae Drive, Vineland, NJ 08360, Cape Bank, successor by merger to Boardwalk Bank at 225 N. Main Street, Cape May Court House, NJ 08210, Donald Bernardi Jr. at 129 Lakeside Drive, Fredericksburg, PA 17026, Midland Funding LLC, c/o Corporation Services Company at 830 Bear Tavern Road, West Trenton, NJ 08628, Schiffs Food Service Inc. at 7 Stauffer Industrial Park, Taylor, PA 18517, Jersey National Capitol Wine & Liquor Company at 205 Campus Drive, Kearny, NJ 07032, Maximum Quality Foods Paper and Poultry Co. at 3351 Tremley Point Road, Suite 2, Linden, NJ 07036, State of New Jersey at 25 West Market Street, PO Box 080, Trenton, NJ 08625, and United States of America, c/o Office of the Attorney General District of New Jersey at 970 Broad Street, Newark, NJ and c/o Office of the Attorney General, Department of Justice at 950 Pennsylvania Avenue, NW, Washington, DC Assignment of Bid RECEIVED April 5, 2018 (See copy annexed hereto.) Appearance Entered for Federal National Mortgage Association Filed June 1, 2018 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff's Assignee 7

9 Certification in Support of Issuance of Writ of Possession Filed June 4, 2018 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff's Assignee Writ of Possession issued June 15, 2018 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff's Assignee Report of Sale RECEIVED June 27, 2018 (See copy annexed hereto.) On April 3, 2018, the Sheriff of Cumberland County sold the mortgaged premises at public venue to OneWest Bank, NA for the sum of $ They being the highest bidder therefore. 8

10 THIS CHANCERY ABSTRACT IS CERTIFIED TO DATA TRACE AND BRIGHTLINE TITLE DATED: September 11, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax DEJ 9

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50 SWC F /09/2017 Pg 1 of 4 Trans ID: CHC FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP 80 Main Street, Suite 460 West Orange, NJ (973) Attorneys for Plaintiff Attorney Court ID: Attorney:Samuel Bergsohn,Esq. Our File #: F00 OneWest Bank N.A., Superior Court of New Jersey Chancery Division Plaintiff, Cumberland County vs. Donald J. Bernardi, et al.; Defendants. Civil Action Docket No.: F FINAL JUDGMENT This matter having been opened to the Court by FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP, attorneys for Plaintiff on a motion to enter final judgment, and it appearing that service of the summons and complaint, and any amended complaints, if any, having been affected upon the following defendants Donald J. Bernardi Cape Bank, successor by merger to Boardwalk Bank Donald Bernardi Jr Midland Funding LLC Schiffs Food Service Inc Jersey National Capitol Wine & Liquor Company Maximum Quality Foods Paper and Poultry Co State of New Jersey United States of America in accordance with the Rules of Court, and their time to answer having expired and default having been entered against said defendants, and the following defendants

51 SWC F /09/2017 Pg 2 of 4 Trans ID: CHC NONE having filed an answer to the complaint which answer has been deemed as uncontesting to the validity or priority of Plaintiff s mortgage and Plaintiff s right to foreclose, and it appearing from the plaintiff s certification filed in the within action that the plaintiff has made an investigation but is unable to determine whether the following defendants: Donald Bernardi Jr are in the military service and good reason appearing that final judgment should be granted at this time and that the judgment should enter without the filing of a Servicemembers Civil Relief Act Bond, and the Court having reviewed Plaintiff s supporting Certifications and Exhibits, and for good cause shown; IT IS ON THIS May 9, 2017 ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $190,042.51, together with lawful interest from March 10, 2017, together with the costs of this suit to be taxed, including a counsel fee of $2, raised and paid in the first place out of the mortgaged premises; and it is further ORDERED AND ADJUDGED that the question of priority as between the Plaintiff and the United States of America with regard to counsel fees and advances made by the Plaintiff shall await surplus money proceedings, if any; and it is further ORDERED AND ADJUDGED that the Plaintiff or its assignees or the successful purchaser at the Sheriff's sale duly recover against the following defendants: Donald J. Bernardi Cape Bank, successor by merger to Boardwalk Bank Donald Bernardi Jr Midland Funding LLC Schiffs Food Service Inc

52 SWC F /09/2017 Pg 3 of 4 Trans ID: CHC Jersey National Capitol Wine & Liquor Company Maximum Quality Foods Paper and Poultry Co State of New Jersey United States of America and all parties holding under said defendants, the possession of the premises mentioned and described in the said Complaint (and Amended Complaints, if any), with the appurtenances, except that no possession is to be awarded against any tenant protected by the New Jersey Tenant Anti-Eviction Act (2A: et seq.) and no writ of possession shall be issued against said tenants; and it is further ORDERED AND ADJUDGED that the mortgaged premises be sold to raise and satisfy the money due Plaintiff, the sum of $190,042.51together with interest thereon to be computed as aforesaid, with the Plaintiff's costs to be taxed with lawful interest thereon, and that an execution issue for that purpose to the Sheriff of Cumberland County, commanding him to make sale according to law of the mortgaged premises described in the Complaint (and Amended Complaints, if any), and out of the monies arising from said sale that he pay the Plaintiff's debt, with interest thereon and costs aforesaid to the Plaintiff or his attorney, and in case there is a surplus remaining after said sale, that such surplus be brought into Court to abide the further Order of this Court and that the Sheriff make his report of the said sale as required by the rules of this Court; and it is further

53 SWC F /09/2017 Pg 4 of 4 Trans ID: CHC ORDERED and ADJUDGED that, notwithstanding anything herein to the contrary, this judgment shall not affect the rights of any person protected by the New Jersey Tenant Anti- Eviction Act, N.J.S.A. 2A: , et seq., the right of redemption given the United States of America under 28 U.S.C. Sec. 2410, the limited priority rights for the aggregate customary condominium assessment for the six month period prior to the recording of any association lien as allowed by N.J.S.A. 46: 8B-21, or any rights afforded by the Servicemembers Civil Relief Act, 50 U.S.C. App. 501, et seq. or N.J.S.A. 38:23C-4; and it is further ORDERED and ADJUDGED that all 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 said mortgaged premises described in the Complaint, (and Amended Complaints, if any), as shall be sold as aforesaid by virtue of this Judgment. Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE /s/ Paul Innes PAUL INNES, P.J.Ch

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