GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for New Century Home Equity Loan Trust, ; vs. Plaintiff, CHARLES TICE; MAUREEN TICE; HERITAGE CONDOMINIUM ASSOCIATION, INC.; JOHN AND OR JANE DOE TENANT (names being fictitious); Defendants, SUPERIOR COURT OF NEW JERSEY WARREN COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to FIDELITY NATIONAL TITLE GROUP 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. GREATER ATLANTIC LEGAL SERVICES, INC. YOUR REFERENCE # TITLE OFFICER

2 Complaint to Foreclose Filed June 15, 2012 Udren Law Offices, P.C., Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Charles Tice and Maureen Tice to New Century Mortgage Corporation to secure the sum of $212, Obligation and mortgage dated March 18, Said Mortgage will be duly recorded upon entry of an Order by the Court to allow for the recording of a copy of the Mortgage in lieu of the original. THIS IS NOT A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. By virtue of assignment more particularly set forth in the annexed copy of the Complaint, the mortgage was assigned to the Plaintiff. John Doe and Jane Doe, Tenants (names being fictitious) and Heritage Condominium Association, Inc. are made defendants 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. 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, Udren Law Offices, P.C. Attorneys for Plaintiff Elizabeth L. Wassall, Esq. Summons dated July 12, 2012 (See returns of service for Maureen Tice and Charles Tice annexed hereto.) NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE SUMMONS SERVED UPON MAUREEN TICE AND CHARLES TICE DOES NOT APPEAR TO CONFORM WITH RULE 4:4-2 IN THAT IT FAILS TO CONTAIN A CURRENT LISTING BY COUNTY OF TELEPHONE NUMBERS OF THE LEGAL SERVICES OFFICE AND THE LAWYER REFERRAL OFFICE SERVING EACH COUNTY. Certification of Inquiry (as to Heritage Condominium Association) RECEIVED October 22, 2012 (See copy annexed hereto.) 2

4 Certification of Publication (as to Heritage Condominium Association) RECEIVED October 22, 2012 (See copy annexed hereto.) Notice of Dismissal as to John and Jane Doe Tenant (names being fictitious) Filed October 22, 2012 Certificate of Non-Military Service or Inability to Ascertain Military Status RECEIVED October 22, 2012 Charles Tice is not on active military duty. The military status of Maureen Tice could not be determined due to lack of social security number. Report from the Department of Defense Manpower Data Center annexed thereto. Request and Certification of Default as to Heritage Condominium Association, Inc.; Charles Tice; Maureen Tice Filed October 22, 2012 Default Filed October 22, 2012 Foreclosure Dismissal Warning Notice for Lack of Prosecution DATED November 1,

5 Notice of Motion to Record Copy of Mortgage in Lieu of Original returnable December 20, 2013 Filed November 26, 2013 The Notice of Motion to Record Copy of Mortgage is directed to each Charles Tice and Maureen Tice at 504 Tulsa Court, Hackettstown, New Jersey and 1 Bells Lane, Apt. V-2, Hackettstown, New Jersey Certification in Support of Motion to Record Copy of Mortgage in Lieu of Original RECEIVED November 26, 2013 (See copy annexed hereto.) Certification of Service of Notice of Motion RECEIVED November 26, 2013 On November 26, 2013, a copy of the Notice of Motion was mailed by certified and regular mail to each Charles Tice and Maureen Tice at 504 Tulsa Court, Hackettstown, New Jersey and 1 Bells Lane, Apt. V-2, Hackettstown, New Jersey Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED December 12, 2013 Notice of Motion for Final Judgment Filed December 12, 2013 Proof of Mailing Notice of Motion for Final Judgment RECEIVED December 12,

6 Certification of Mediation Documents RECEIVED December 12, 2013 Certificate of Non-Military Service or Inability to Ascertain Military Status RECEIVED December 12, 2013 Certificate of Mailing Default RECEIVED December 12, 2013 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED December 12, 2013 Certification of Search Fees RECEIVED December 12, 2013 Certification of Amount Due RECEIVED December 12, 2013 Order Granting Plaintiff's Motion to Record Copy of the Mortgage Filed December 20, 2013 (See copy annexed hereto.) 5

7 Final Judgment Filed March 4, 2014 DENIED. CLERK'S NOTATION: MOTION IS DENIED FOR FAILURE TO RESPOND TO DEFICIENCY NOTICE. PLEASE FILE NEW MOTION AND AFFIDAVIT. Summons dated October 24, 2014 (See return of service for Heritage Condominium Association, Inc. annexed hereto.) Foreclosure Dismissal Warning Notice for Lack of Prosecution DATED March 6, 2015 Certification that Failure to File or Take the Next Required Action Due to Exceptional Circumstances and Avoid Administrative Dismissal on April 5, 2015 Filed April 2, 2015 Certification of Mailing Failure to File or Take the Next Required Action Due to Exceptional Circumstances and Avoid Administrative Dismissal on April 5, 2015 RECEIVED On April 2, 2015, a copy of the Certification that Failure to File or Take the Next Required Action Due to Exceptional Circumstances and Avoid Administrative Dismissal on April 5, 2015 and Certification of Mailing was mailed by certified mail to each Charles Tice and Maureen Tice at 1 Bells Avenue, Apt. V-2, Hackettstown, New Jersey 6

8 07840 and 504 Tulsa Court, Hackettstown, New Jersey and Heritage Condominium Association, Inc., c/o Tyler Management Co. at 80 S. Jefferson Road, 2nd Floor, Whippany, New Jersey and c/o McGovern Legal Services, LLC at 850 Route 1 North, New Brunswick, New Jersey Request and Certification of Default as to Heritage Condominium Association, Inc. Filed April 23, 2015 Default Filed April 23, 2015 Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED October 9, 2015 Notice of Motion for Final Judgment Filed October 9, 2015 The Notice of Motion for Final Judgment is directed to Heritage Condominium Association, Inc., c/o Taylor Management Company at 80 S. Jefferson Road, 2nd Floor, Whippany, New Jersey and to each Charles Tice and Maureen Tice at 1 Bells Lane, Apt. V-2, Hackettstown, New Jersey and 504 Tulsa Court, Hackettstown, New Jersey

9 Proof of Service of Notice of Motion for Final Judgment RECEIVED October 9, 2015 On September 3, 2015, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, Certification of Proof of Amount Due and Notice to Tenants (if applicable) were mailed by regular and certified mail to Heritage Condominium Association, Inc., c/o Taylor Management Company at 80 S. Jefferson Road, 2nd Floor, Whippany, New Jersey and to each Charles Tice and Maureen Tice at 1 Bells Lane, Apt. V-2, Hackettstown, New Jersey and 504 Tulsa Court, Hackettstown, New Jersey Certification of Mediation Documents RECEIVED October 9, 2015 Certification sets forth that a copy of the Notice of Foreclosure Mediation Availability, Foreclosure Mediation Financial Worksheet, and combination HUD- Certified Housing Counselor Instruction Form and Foreclosure Mediation Recommendation Statement were served with the Summons and Complaint and mailed with the Notice of Motion for Judgment. Certification of Non-Military Service or Inability to Ascertain Military Status RECEIVED October 9, 2015 Charles Tice and Maureen Tice are not in the military service. Reports from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED October 9, 2015 On May 5, 2015, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. 8

10 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED October 9, 2015 On May 5, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Charles Tice and Maureen Tice at the following addresses: 504 Tulsa Court, Hackettstown, New Jersey and 1 Bells Lane, Apt. V-2, Hackettstown, New Jersey As of September 30, 2015, no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification of Search Fees RECEIVED October 9, 2015 Total fees requested $1, Certification of Amount Due RECEIVED October 9, 2015 Certification by a representative of the plaintiff sets forth that there is due the sum of $325, on its mortgage together with interest to grow due thereon from May 29, (See copy annexed hereto.) Final Judgment Filed November 20, 2015 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $4,

11 Writ of Execution issued November 20, 2015 and returned Report of Sale annexed thereto sets forth on February 21, 2017, the Sheriff of Warren County sold the mortgaged premises at public vendue to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust for the sum of $ Affidavit of highest and best price annexed thereto. Substitution of Attorney Filed December 15, 2016 Udren Law Offices, P.C. do hereby consent to the substitution of KML Law Group, P.C. as Attorneys for Plaintiff. Certification of Mailing Notice of Sale and Notice to Residential Tenants of Rights During Foreclosure RECEIVED December 22, 2016 (See copy annexed hereto.) Notice of Motion to Reform the Sheriff's Deed and Other Relief returnable August 4, 2017 Filed July 17, 2017 The Notice of Motion to Reform the Sheriff's Deed is directed to each Maureen Tice and Charles Tice at 1 Bells Lane, Apt. V-2, Hackettstown, New Jersey and Heritage Condominium Association, Inc. c/o Taylor Management Company at 80 S. Jefferson Road, 2nd Floor, Whippany, New Jersey Certification in Support of Notice of Motion to Reform the Sheriff's Deed and Other Relief RECEIVED July 17, 2017 (See copy annexed hereto.) 10

12 Letter Brief RECEIVED July 17, 2017 Proof of Service RECEIVED July 17, 2017 On July 17, 2017, a copy of the Notice of Motion was mailed by regular and certified mail to each Maureen Tice and Charles Tice at 1 Bells Lane, Apt. V-2, Hackettstown, New Jersey and Heritage Condominium Association, Inc. c/o Taylor Management Company at 80 S. Jefferson Road, 2nd Floor, Whippany, New Jersey Order Reforming the Sheriff's Deed and Other Relief Filed August 4, 2017 (See copy annexed hereto.) NOTE: WE FAIL TO FIND PROOF OF MAILING OF THE ORDER REFORMING THE SHERIFF'S DEED AND OTHER RELIEF AS DIRECTED THEREIN. Assignment of Bid RECEIVED September 27, 2017 (See copy annexed hereto.) 11

13 THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: September 20, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax BA 12

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46 SWC-F /17/ :52:26 AM Pg 1 of 60 Trans ID: CHC Colleen M. Hirst, Esq. ( ) Paul W. Luongo, Esq. ( ) Caitlin M. Donnelly, Esq. ( ) Nicholas J. Zabala, Esq. ( ) KML Law Group, P.C. Kristina G. Murtha, Esq., Managing Attorney ( ) A Professional Corporation incorporated in Pennsylvania 216 Haddon Avenue, Ste. 406 Westmont, NJ (NJ) (PA) Attorney for Plaintiff Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Plaintiff Charles Tice, et al., v. Defendant Brian C. Nicholas, Esq. ( ) Jaime R. Ackerman, Esq. ( ) Christopher Ford, Esq. ( ) Denise Carlon, Esq. ( ) SUPERIOR COURT OF NEW JERSEY Warren County CHANCERY DIVISION GENERAL EQUITY Docket No. F CIVIL ACTION CERTIFICATION IN SUPPORT OF MOTION TO REFORM THE SHERIFF S DEED AND OTHER RELIEF Caitlin M. Donnelly, Esq., does hereby certify: 1. I am an Attorney admitted to practice before this Court and am associated with the firm KML Law Group. P.C., attorneys for plaintiff in the above matter. As such, I have knowledge of the facts contained herein. I make this Certification in support of plaintiff s application for an Order reforming the Sheriff s Deed and writ of execution; validating the foreclosure and authorizing the Sheriff of Camden County to execute a new sheriff s deed should Plaintiff so request 2. On June 15, 2012, Plaintiff filed a Complaint to foreclose a mortgage given by Defendants Charles Tice and Maureen Tice, to New Century Mortgage Corporation, a Mortgage securing the sum of $212,500.00, on property located at 405 Tulsa Court, Hackettstown, NJ 07840, (the Property ). The aforesaid Mortgage was recorded in the Office of the Clerk of

47 SWC-F /17/ :52:26 AM Pg 2 of 60 Trans ID: CHC Warren County on March 6, 2014 in Book 5998, Page 263. A true copy of the filed Complaint is annexed hereto as Exhibit A. A true copy of the recorded mortgage is annexed hereto as Exhibit B. 3. The foreclosure action proceeded to final judgment and, pursuant to a Writ of Execution, the Sheriff of Warren County sold the mortgaged premises. Plaintiff was the successful bidder at the auction on February 21, True copies of the Final Judgment, Writ of Execution and Sherriff s Statement are annexed hereto as Exhibits C, D, and E. 4. On November 20, 2015, a Sherriff s Deed was executed from the Warren County Sheriff to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust , and is unrecorded at this time. A true copy of the Sheriff s Deed is annexed hereto as Exhibit F. 5. After the Sheriff s Deed was executed, it was discovered that the legal description attached to the Deed and writ of execution omitted the lot and block numbers. An accurate copy of the Legal Description was found in the recorded mortgage, (See Exhibit B). 6. There does not appear to be any apparent reasons for this error and it appears that the legal description attached to the Deed and writ of execution omitted the lot and block numbers was simply the result of inadvertence and mistake. 7. The legal description for the property, including its commonly known as address, were all otherwise accurate throughout these proceedings. 8. Plaintiff respectfully requests that the Court enter an Order reforming the Sheriff s Deed and writ of execution and validating the foreclosure sale. Plaintiff also respectfully requests that the Court s order provide authorization for the Sheriff of Camden County to issue a

48 SWC-F /17/ :52:26 AM Pg 3 of 60 Trans ID: CHC corrective deed should one be required by Plaintiff s title company in order to convey the subject property. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. KML Law Group, P.C. Attorneys for Plaintiff DATED: July 1, BY: Caitlin M. Donnelly, Esq.

49 SWC F /04/2017 Pg 1 of 3 Trans ID: CHC Colleen M. Hirst, Esq. ( ) Paul W. Luongo, Esq. ( ) Caitlin M. Donnelly, Esq. ( ) Nicholas J. Zabala, Esq. ( ) KML Law Group, P.C. Kristina G. Murtha, Esq., Managing Attorney ( ) A Professional Corporation incorporated in Pennsylvania 216 Haddon Avenue, Ste. 406 Westmont, NJ (NJ) (PA) Attorney for Plaintiff Brian C. Nicholas, Esq. ( ) Jaime R. Ackerman, Esq. ( ) Christopher Ford, Esq. ( ) Denise Carlon, Esq. ( ) Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Charles Tice, et al., Plaintiff v. Defendant SUPERIOR COURT OF NEW JERSEY Warren County CHANCERY DIVISION GENERAL EQUITY Docket No. F CIVIL ACTION ORDER REFORMING THE SHERIFF S DEED AND OTHER RELIEF THIS MATTER having been opened to the Court By KML Law Group, P.C., attorneys for plaintiff in the above captioned matter, for an Order reforming the Sheriff s Deed and other related relief, and for good cause shown; IT IS ON THIS 4th day of August, 2017; ORDERED: 1. That the Sheriff s Deed dated April 17, 2017; and the writ of execution entered on November 20, 2015, be and is hereby reformed to include the correct Legal Description, a copy of which is annexed hereto as Schedule A; and 2. That the foreclosure sale held in the above matter on February 21, 2017, for real property located at 405 Tulsa Court, Hackettstown, NJ be and is hereby is validated; and

50 SWC F /04/2017 Pg 2 of 3 Trans ID: CHC That Plaintiff be and is hereby permitted to record an exemplified copy of this order in the Warren County Clerk s Office; and 4. That the Sheriff of Warren County shall issue a new Sheriff s Deed to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust for real property located at 405 Tulsa Court, Hackettstown, NJ 07840, relative to the foreclosure sale held in the above matter on February 21, 2017; and 5. That a copy of this order be served on the defendants within 7 days of the date the Order received by plaintiff s counsel. This matter was: Opposed Unopposed X Honorable Thomas C. Miller, P.J.Cv. For reasons placed on the record.

51 SWC F /04/2017 Pg 3 of 3 Trans ID: CHC COMMITMENT Schedule A - Description ALL that certain lot, parcel or tract of land, situate and lying in the Township of Independence, County of Warren and State of New Jersey being more particularly described as follows: BEING known and designated as Unit 68A04 in HERITAGE, a Condominium, together with a % undivided interest in the common elements of said Condominium (referred to in this Deed as the "Condominium Unit"). The conveyance evidenced by this Deed is made under the provisions of and is subject to the New Jersey Condominium Act (N.J.S.A. 46:8B-1 et seq) and Planned Real Estate Development Act (N.J.S.A. 45:22A-21 et seq) as amended, and any applicable regulations adopted under either law. The conveyance evidenced by this deed is also made in accordance with the terms, limitations, conditions, covenants, restrictions, easements, agreements and other provisions set forth in the certain Master Deed for HERITAGE, a Condominium, dated and recorded in the Warren County Clerk's/Register's Office on 05/24/1990 in Deed Book 1191 Page 179, First Amendment Deed Book 1310 Page 142, Second Amendment Deed Book 1394 Page 317, Third Amendment Deed Book 1405 Page 287, Fourth Amendment Deed Book 1406 Page 258, Fifth Amendment Deed Book 1492 Page 262, Sixth Amendment Deed Book 1517 Page 183 as the same may now or hereafter be lawfully amended. FOR INFORMATIONAL PURPOSES ONLY: Also known as Lot in Block 6.01 on the Township of Independence Tax Map. FOR INFORMATIONAL PURPOSES ONLY: Property has a mailing address of 504 Tulsa Court, Hackettstown, New Jersey

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