GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, vs. Plaintiff, PHYLLIS J. PIERCE A/K/A PHYLLIS PIERCE, Her Heirs, Devisees, Personal Representatives and His, Her, Their, or Any of Their Successors in Right, Title and Interest MR. PIERCE, Spouse of Phyllis J. Pierce A/k/a Phyllis Pierce TRACY PIERCE MR. PIERCE, Spouse of Tracy Pierce WAYNE PIERCE MRS. PIERCE, Spouse of Wayne Pierce LORI JEANE PIERCE MR. PIERCE, Spouse of Lori Jeane Pierce COUNTY BOARD OF SOCIAL SERVICES INTERSTATE BATTERY SYSTEM OF EASTERN NJ CARDIOLOGY CONSULTANTS PA PAUL KARWOWSKI STATE OF NEW JERSEY UNITED STATES OF AMERICA Defendants, SUPERIOR COURT OF NEW JERSEY OCEAN 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. YOUR REFERENCE # TITLE OFFICER

2 Complaint to Foreclose FILED March 25, 2016 RAS Citron, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Phyllis J. Pierce to BNY Mortgage Company, LLC to secure the sum of $202, Obligation and mortgage dated May 8, The mortgage was recorded in Ocean County on May 17, 2006 in Book 13172, Page THIS 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. The heirs, devisees, etc. of Phyllis J. Pierce a/k/a Phyllis Pierce, Mr. Pierce, Spouse of Phyllis J. Pierce a/k/a Phyllis Pierce, Tracy Pierce, Mr. Pierce, Spouse of Tracy Pierce, Wayne Pierce, Mrs. Pierce, Spouse of Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, 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 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 1

3 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 repeats and affirms all the allegations as set forth in the First Count as if more fully set forth at length herein. 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, RAS Citron, LLC Attorneys for Plaintiff Patrick O. Lacsina, Esquire Notice of Motion to Correct Filing Date of the Complaint FILED March 28, 2016 Notice of Motion directed to Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Mr. Pierce, Spouse of Phyllis J. Pierce a/k/a Phyllis Pierce, Tracy Pierce, Mr. Pierce, Spouse of Tracy Pierce, Wayne Pierce, Mrs. Pierce, Spouse of Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America. 2

4 Certification in Support of Motion to Correct the Filing Date of the Complaint RECEIVED March 28, 2016 Amended Notice of Motion Correct Filing Date of the Complaint FILED March 28, 2016 Amended Notice of Motion directed to Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Mr. Pierce, Spouse of Phyllis J. Pierce a/k/a Phyllis Pierce, Tracy Pierce, Mr. Pierce, Spouse of Tracy Pierce, Wayne Pierce, Mrs. Pierce, Spouse of Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America. Certification in Support of Motion to Correct the Filing Date of the Complaint RECEIVED March 28, 2016 Certification of Service of Amended Notice of Motion Correct Filing Date of the Complaint RECEIVED March 28, 2016 On March 28, 2016 a copy of the Amended Notice of Motion Correct Filing Date of the Complaint was mailed to each Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Mr. Pierce, Spouse of Phyllis J. Pierce a/k/a Phyllis Pierce, Tracy Pierce, Mr. Pierce, Spouse of Tracy Pierce, Wayne Pierce, Mrs. Pierce, Spouse of Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America. (See copy annexed hereto) 3

5 Order to Correct Filing Date of the Complaint FILED April 15, 2016 IT IS on this 15th day of April, 2016_ ORDERED: That filing date of Plaintiffs Complaint be modified to be MARCH 25, 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. Summons dated March 29, 2016 (See return(s) and/or acknowledgment(s) of service for Tracy Pierce, County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, United States of America (NJ) annexed hereto.) Notice of Motion to Correct Name of Defendant FILED August 10, 2016 The Notice of Motion to Correct Name of Defendant is directed to Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Tracy Pierce, Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, Ocean County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America. Proof of Mailing RECEIVED August 10, 2016 On August 9, 2016 a copy of the Notice of Motion to Correct Name, Certification/Affidavit in Support of Motion and proposed form of Order was mailed by regular and certified mail to Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Tracy Pierce, Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, Ocean County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America. (See copy annexed hereto) 4

6 Certification/Affidavit in Support of Order Correcting Name of Defendant RECEIVED August 10, 2016 Certification sets forth that further Inquiry revealed that the Defendant County Board of Social Services name to Ocean County Board of Social Services. Order to Correct Name FILED September 14, 2016 It is on this 14th day of September, 2016 ORDERED that the Complaint and all other pleadings in this matter be amended to correct the name of County Board of Social Services to be Ocean County Board of Social Services. It is further ORDERED that the caption, Complaint and all subsequent pleadings are hereby amended to include Ocean County Board of Social Services in the place and stead of County Board of Social Services. Notice of Motion to Proceed Summarily for Vacant & Abandoned Residential Mortgage Foreclosure FILED September 20, 2016 Notice of Motion directed to Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Tracy Pierce, Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, Ocean County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America. Attorney Certification in Support of Order to Proceed Summarily RECEIVED September 20,

7 Certification of Service RECEIVED September 20, 2016 On September 20, 2016 a copy of the Notice of Motion to Proceed Summarily for Vacant & Abandoned Residential Mortgage Foreclosure was mailed to each Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Tracy Pierce, Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, Ocean County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America. (See copy annexed hereto) Memorandum of Law RECEIVED September 20, 2016 RAS Citron, LLC, Attorneys for Plaintiff Certification as to Private Process Service RECEIVED September 21, 2016 On April 10, 2016 a copy of the Summons and Complaint was served via private process service to the Attorney General of the United States of America, Department of Justice, Washington, DC A copy of the Affidavit of Service is annexed hereto. NOTE: WE FAIL TO FIND PROOF OF SERVICE UPON THE ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA IN WASHINGTON, DC BY REGISTERED OR CERTIFIED MAIL, PURSUANT TO 28 U.S.C. 2410, FILED IN THIS ACTION. Certification of Inquiry/Mailing and Publication Regarding Service on Deceased Mortgagor as to Phyllis J. Pierce a/k/a Phyllis Pierce, Her Heirs, Devisees, Etc. RECEIVED September 21, 2016 (See copy annexed hereto) 6

8 Certification of Inquiry/Mailing and Publication Regarding Service on Deceased Mortgagor as to Wayne Pierce and Mrs. Pierce, Spouse of Wayne Pierce. RECEIVED September 21, 2016 (See copy annexed hereto) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRIES AS TO PHYLLIS J. PIERCE A/K/A PHYLLIS PIERCER, HER HEIRS, DEVISEES, ETC., WAYNE PIERCE AND MRS. PIERCE, SPOUSE OF WAYNE PIERCE. Certification of Inquiry Regarding Service on Known Heir and Proof of Mailing RECEIVED September 21, 2016 On May 13, 2016 a copy of the Summons and Complaint was sent via regular and certified mail to Lori Jeane Pierce and Mr. Pierce, Spouse of Lori Jeane Pierce at 1801 Ridgeway Rd, Toms River, NJ a copy of the confirmation indicating service was accepted on May 16, 2016 is annexed hereto. Notice to State RECEIVED September 21, 2016 Service of the Notice to State and a copy of the Complaint is acknowledged for the State of New Jersey by Ellen Seitz, on behalf of the Attorney General on March 31, Order to Proceed Summarily Vacant & Abandoned Residential Mortgage Foreclosure FILED January 5, 2017 (See copy annexed hereto) 7

9 Certification of Mailing of Order RECEIVED March 16, 2017 On January 19, 2017 a copy of the Order to Proceed Summarily was sent via certified and regular mail and/or served by process server upon Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Tracy Pierce, Wayne Pierce, Mrs. Pierce, spouse of Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, Ocean County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America at the address where they were served process. Notice of Dismissal as to Mr. Pierce Spouse of Tracy Pierce, and Mr. Pierce Spouse of Phyllis Pierce A/k/a Phyllis J. Pierce FILED April 10, 2017 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED March 16, 2017 Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED March 16, 2017 Tracy Pierce, Wayne Pierce, Lori Jeane Pierce, and Paul Karwowski is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. The military status of Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees, etc., Mrs. Pierce Spouse of Wayne Pierce, and Mr. Pierce, Spouse of Lori Jean Pierce could not be ascertained due to the lack of sufficient information. NOTE: WE FAIL TO FIND ANY CERTIFICATION AS TO THE PROPER NAMES OF MRS. PIERCE, SPOUSE OF WAYNE PIERCE AND MR. PIERCE, SPOUSE OF LORI JEAN PIERCE FILED IN THIS ACTION. 8

10 Certification/Affidavit of Costs/Search Fees RECEIVED March 16, 2017 Total fees requested $1, Certification/Affidavit of Amount Due RECEIVED March 16, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $119, on its mortgage together with interest to grow due thereon from June 30, (See copy annexed hereto.) Final Judgment & Vacant & Abandoned Residential Property FILED April 13, 2017 (See copy annexed hereto.) Plaintiff s Costs $2, Writ of Execution Vacant & Abandoned Residential issued April 13, 2017 and returned NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. 9

11 Certification/Affidavit of Mailing RECEIVED December 6, 2017 On November 22, 2017 a Notice of Sheriff's Sale was mailed by regular and certified mail to Phyllis J. Pierce a/k/a Phyllis Pierce, her heirs, devisees and personal representatives, and his, her, their or any of their successors in right, title and interest, Tracy Pierce, Wayne Pierce, Lori Jeane Pierce, Mr. Pierce, Spouse of Lori Jeane Pierce, Ocean County Board of Social Services, Interstate Battery System of Eastern NJ, Cardiology Consultants PA, Paul Karwowski, State of New Jersey, United States of America at the addresses where they were served with process and also to Unknown Tenant at the mortgage premises. Report of Sale RECEIVED February 26, 2018 On December 12, 2017, the Sheriff of Ocean County sold the mortgaged premises at public vendue to MORTGAGE EQUITYCONSERSION ASSET TRUST (AKA MORTGAGE EQUITY CONVERSION ASSET TRUST , MORTGAGE-BACKED SERCURITIES ) BY U.S. BANK NATIONAL AS CO-TRUSTEE, for the sum of $ Affidavit of highest and best price annexed thereto. 10

12 THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: September 24, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax KW 11

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