GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT DITECH FINANCIAL LLC fka Green Tree Servicing LLC; vs. Plaintiff, AUGUSTA UCHENDU; IHEANACHOR GODFREY IHEKAIRE, her husband; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for American Brokers Conduit; BANK OF AMERICA, N.A.; PHILIA U. AHUMIBE; STATE OF PENNSYLVANIA; NEW CENTURY FINANCIAL SERVICES INC.; Defendants, SUPERIOR COURT OF NEW JERSEY MONMOUTH COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to MADISON TITLE AGENCY 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 # MTANJ TITLE OFFICER

2 Complaint to Foreclose Filed December 23, 2015 Stern Lavinthal & Frankenberg LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Augusta Uchendu and Iheanachor Godfrey Ihekaire, her husband to Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit to secure the sum of $259, Obligation and mortgage dated October 5, The mortgage was recorded in Monmouth County on January 11, 2007 in Book OR-8622, Page THIS IS A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. By virtue of assignments more particularly set forth in the annexed copy of the Complaint, the mortgage was assigned to the Plaintiff. Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit, Bank of America, N.A., Philia U. Ahumibe, State of Pennsylvania and New Century Financial Services Inc. 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 1

3 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. THIRD COUNT Plaintiff repeats the allegations contained in the First and Second Counts as if same were repeated at length. Schedule "A" attached to the mortgage contained a scrivener's error, to wit: The preamble in the first legal description should be the first course of the meets and bounds description and the next course labeled "(1)" is a duplication of the second course and can be disregarded. Schedule "A" attached to the Complaint has been corrected so as not to contain the aforesaid scrivener's error. Plaintiff is entitled to have said scrivener's error corrected at Final Judgment and to have the corrected Schedule "A" attached to the Writ of Execution and in the Deed to be issued by the Sheriff of Monmouth County, subsequent to the sale of the premises by the Sheriff. WHEREFORE, Plaintiff demands judgment: Correcting the scrivener's errors aforesaid; Allowing the corrected Schedule "A" to be attached to the Writ of Execution and the Deed to be issued by the Sheriff of Monmouth County; For any relief that the Court deems necessary. 2

4 By: The Complaint is signed, Stern Lavinthal & Frankenberg LLC Attorneys for Plaintiff Fei F. Lam, Esq. Summons dated December 23, 2015 (See returns of service for Bank of America, N.A., New Century Financial Services Inc. and Mortgage Electronic Registration Systems, Inc.,. as nominee for American Brokers Conduit annexed hereto.) Certification of Inquiry (as to Philia U. Ahumibe) RECEIVED (See copy annexed hereto.) Certification of Inquiry (as to Augusta Uchendu and Iheanachor Godfrey Ihekaire, her husband) RECEIVED (See copy annexed hereto.) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRIES AS TO PHILIA U. AHUMIBE, AUGUSTA UCHENDU AND IHEANACHOR GODFREY IHEKAIRE, HER HUSBAND. Certification of Publication (as to Augusta Uchendu, Iheanachor Godfrey Ihekaire, her husband and Philia U. Ahumibe) RECEIVED March 2, 2016 (See copy annexed hereto.) 3

5 Certification of Mailing Notice to Absent Defendant RECEIVED (See copy annexed hereto.) Certification of Inquiry (as to State of Pennsylvania) RECEIVED (See copy annexed hereto.) Certification of Mailing RECEIVED March 2, 2016 On December 28, 2015, a copy of the Summons and Complaint was mailed by certified and regular mail to State of Pennsylvania at c/o the Attorney General, 16th Floor Strawberry Square, Harrisburg, PA A copy of the 35 day Summons and a signed return receipt directed to the aforesaid defendant indicating delivery on January 4, 2016 annexed thereto. Request and Certification of Default as to Augusta Uchendu; Iheanachor Godfrey Ihekaire, her husband; Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit; Bank of America, N.A.; Philia U. Ahumibe; State of Pennsylvania; New Century Financial Services Inc Filed March 2, 2016 Default Filed March 2,

6 Notice of Motion for Entry of Order Substituting Plaintiff Filed January 19, 2017 The Notice of Motion is directed to each Augusta Uchendu and Iheanachor Godfrey Ihekaire at 41 Willow Avenue, Howell, New Jersey Certification in Support of Order Substituting Plaintiff RECEIVED January 19, 2017 (See copy annexed hereto.) Proof of Mailing RECEIVED January 19, 2017 On January 19, 2017 the Notice of Motion was mailed in separate envelopes to each Augusta Uchendu and Iheanachor Godfrey Ihekaire at 41 Willow Avenue, Howell, New Jersey Order Substituting Plaintiff Filed February 16, 2017 (See copy annexed hereto.) NOTE: WE FAIL TO FIND PROOF OF MAILING OF THE ORDER SUBSTITUTING PLAINTIFF AS DIRECTED THEREIN. Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED April 28,

7 Notice of Motion for Final Judgment Filed April 28, 2017 The Notice of Motion for Final Judgment is directed to Augusta Uchendu, Iheanachor Godfrey Ihekaire, Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit, Bank of America, N.A., Philia U. Ahumibe, State of Pennsylvania and New Century Financial Services Inc. Proof of Service of Notice of Motion for Final Judgment RECEIVED April 28, 2017 (See copy annexed hereto.) Certification of Non-Military Status RECEIVED April 28, 2017 Augusta Uchendu is not in the military service. The military status of Iheanachor Godfrey Ihekaire and Philia U. Ahumibe could not be determined due to lack of social security numbers and/or dates of birth. Report from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED April 28, 2017 On March 22, 2016, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED April 28, 2017 (See copy annexed hereto.) 6

8 Certification of Search Fees RECEIVED April 28, 2017 Total fees requested $ Affidavit of Amount Due RECEIVED April 28, 2017 Affidavit by a representative of the plaintiff sets forth that there is due the sum of $524, on its mortgage together with interest to grow due thereon from March 13, (See copy annexed hereto.) Final Judgment Filed May 19, 2017 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $6, Writ of Execution issued May 19, 2017 and returned Report of Sale annexed thereto sets forth on September 18, 2017, the Sheriff of Monmouth County sold the mortgaged premises to MTGLQ Investors, L.P. for the sum of $1, Affidavit of highest and best price annexed thereto. 7

9 NOTE: 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. WE FAIL TO FIND ANY PROOF OF MAILING OF A NOTICE OF SALE FILED IN THIS ACTION. 8

10 THIS CHANCERY ABSTRACT IS CERTIFIED TO MADISON TITLE AGENCY DATED: September 14, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax BA 9

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51 SWC F /16/2017 Pg 1 of 2 Trans ID: CHC STERN LAVINTHAL & FRANKENBERG LLC 105 Eisenhower Parkway - Suite 302 Roseland, NJ (973) Attorneys for Plaintiff Micah C. Pakay, Esq.: DITECH FINANCIAL LLC vs. Plaintiff AUGUSTA UCHENDU; IHEANACHOR GODFREY IHEKAIRE, HER HUSBAND; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT; BANK OF AMERICA, N.A.; PHILIA U. AHUMIBE; STATE OF PENNSYLVANIA; NEW CENTURY FINANCIAL SERVICES INC. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MONMOUTH COUNTY DOCKET NO.: F CIVIL ACTION ORDER Defendant(s) THIS MATTER being opened to the Court by Stern Lavinthal & Frankenberg LLC, Attorneys for Plaintiff and it appearing that the Plaintiff is now MTGLQ INVESTORS, L.P., and for good cause having been shown; IT IS, on this day of, 2017 ORDERED as follows: 1. The Complaint and all subsequent pleadings in this action be and is hereby amended striking the name of DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC, as the party Plaintiff.

52 SWC F /16/2017 Pg 2 of 2 Trans ID: CHC MTGLQ INVESTORS, L.P. be and is hereby substituted in the place and stead of DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC as the party Plaintiff and all subsequent pleadings filed with the Court shall use the name of the substituted Plaintiff in the caption. 3. The Superior Court Clerk is directed to change, as herein modified, the name of the party Plaintiff from DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC to MTGLQ INVESTORS, L.P. on the automated Case Management Docket System. 4. Service of the within Order shall be made by Plaintiff s counsel upon defendants, by regular mail within seven (7) days after counsel s receipt of an executed copy of this Order., JSC Opposed Unopposed

53 SWC-F /28/ :02:34 PM Pg 4 of 6 Trans ID: CHC CERTIFICATION OF SERVICE OF NOTICE Charles A. Gioino, Esq. does hereby certify: 1. I am of counsel with the firm of Stern Lavinthal & Frankenberg LLC, attorney for the Plaintiff in the above entitled action. 2. On April 28, 2017, I did cause to be mailed a copy of the within Notice of Motion for Entry of Judgment, Certification of Diligent Inquiry and Certification of Proof of Amount Due to the following: AUGUSTA UCHENDU TH STREET, 2ND FLOOR BROOKLYN, NY AUGUSTA UCHENDU 5 GREENBURY COURT, APT. D GWYNN OAK, MD AUGUSTA UCHENDU 5349 KING ARTHUR CIRCLE ROSEDALE, MD AUGUSTA UCHENDU 8416 NUNLEY DRIVE, APT. A BALTIMORE, MD AUGUSTA UCHENDU 41 WILLOW AVENUE HOWELL, NJ AUGUSTA UCHENDU C/O CLERK OF THE SUPERIOR COURT HUGHES JUSTICE COMPLEX 25 WEST MARKET STREET CN-971 TRENTON, NJ IHEANACHOR GODFREY IHEKAIRE TH STREET, 2ND FLOOR BROOKLYN, NY IHEANACHOR GODFREY IHEKAIRE 5 GREENBURY COURT, APT. D GWYNN OAK, MD IHEANACHOR GODFREY IHEKAIRE 5349 KING ARTHUR CIRCLE ROSEDALE, MD 21237

54 SWC-F /28/ :02:34 PM Pg 5 of 6 Trans ID: CHC IHEANACHOR GODFREY IHEKAIRE 8416 NUNLEY DRIVE, APT. A BALTIMORE, MD IHEANACHOR GODFREY IHEKAIRE 41 WILLOW AVENUE HOWELL, NJ IHEANACHOR GODFREY IHEKAIRE C/O CLERK OF THE SUPERIOR COURT HUGHES JUSTICE COMPLEX 25 WEST MARKET STREET CN-971 TRENTON, NJ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT C/O CORPORATION TRUST COMPANY 820 BEAR TAVERN ROAD WEST TRENTON, NJ BANK OF AMERICA, N.A. C/O CORPORATION TRUST COMPANY 820 BEAR TAVERN ROAD WEST TRENTON, NJ PHILIA U. AHUMIBE C/O SUPERIOR COURT CLERK HUGHES JUSTICE COMPLEX 25 WEST MARKET STREET CN-971 TRENTON, NJ STATE OF PENNSYLVANIA C/O ATTORNEY GENERAL 16TH FLOOR STRAWBERRY SQUARE HARRISBURG, PA NEW CENTURY FINANCIAL SERVICES INC. 110 SOUTH JEFFERSON ROAD PARSIPPANY, NJ By certified mail, return receipt requested, and by regular mail with required postage thereon, by depositing an envelope containing said notice through the United States mail.

55 SWC-F /28/ :02:34 PM Pg 6 of 6 Trans ID: CHC 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. /S/ Charles A. Gioino, Esq. Charles A. Gioino, Esq. Dated: April 28, 2017

56 SWC-F /28/ :02:36 PM Pg 1 of 13 Trans ID: CHC STERN LAVINTHAL & FRANKENBERG LLC 105 Eisenhower Parkway - Suite 302 Roseland, NJ (973) Attorneys for Plaintiff Charles A. Gioino, Esq.: MTGLQ INVESTORS, L.P. vs. Plaintiff AUGUSTA UCHENDU; IHEANACHOR GODFREY IHEKAIRE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT; BANK OF AMERICA, N.A.; PHILIA U. AHUMIBE; STATE OF PENNSYLVANIA; NEW CENTURY FINANCIAL SERVICES INC. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MONMOUTH COUNTY DOCKET NO.: F CIVIL ACTION CERTIFICATION AS TO PROOF OF MAILING OF NOTICE PURSUANT TO SECTION 6 OF THE FAIR FORECLOSURE ACT Defendant(s) Charles A. Gioino, Esq., does hereby certify: 1. I am of counsel with the firm of Stern Lavinthal & Frankenberg LLC, attorneys for the Plaintiff in the above entitled action. I have full knowledge of the matter and I am authorized to make this Certification. 2. Default was entered by the Clerk of the Court as to all defendants who did not appear in the within action on March 2, On February 17, 2017, this firm did mail by certified mail, return receipt requested, with required postage thereon, a Notice to Cure in accordance with Section 6 of the New Jersey Fair Foreclosure Act, to the following parties at the addresses indicated:

57 SWC-F /28/ :02:36 PM Pg 2 of 13 Trans ID: CHC AUGUSTA UCHENDU TH STREET, 2ND FLOOR BROOKLYN, NY AUGUSTA UCHENDU 5 GREENBURY COURT, APT. D GWYNN OAK, MD AUGUSTA UCHENDU 8416 NUNLEY DRIVE, APT. A BALTIMORE, MD AUGUSTA UCHENDU 41 WILLOW AVENUE HOWELL, NJ IHEANACHOR GODFREY IHEKAIRE TH STREET, 2ND FLOOR BROOKLYN, NY IHEANACHOR GODFREY IHEKAIRE 5 GREENBURY COURT, APT. D GWYNN OAK, MD IHEANACHOR GODFREY IHEKAIRE 8416 NUNLEY DRIVE, APT. A BALTIMORE, MD IHEANACHOR GODFREY IHEKAIRE 41 WILLOW AVENUE HOWELL, NJ On March 28, 2017, this firm did mail by certified mail, return receipt requested, with required postage thereon, a Notice to Cure in accordance with Section 6 of the New Jersey Fair Foreclosure Act, to the following parties at the addresses indicated: AUGUSTA UCHENDU 5349 KING ARTHUR CIRCLE ROSEDALE, MD IHEANACHOR GODFREY IHEKAIRE 5349 KING ARTHUR CIRCLE ROSEDALE, MD 21237

58 SWC-F /28/ :02:36 PM Pg 3 of 13 Trans ID: CHC More than 10 days, plus time for mailing has elapsed since Defendant was mailed the Notice to Cure in accordance with Section 6 of the New Jersey Fair Foreclosure Act, and no response was received from the Defendant. 6. 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. DATED: April 28, 2017 /S/ Charles A. Gioino, Esq. Charles A. Gioino, Esq.

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62 SWC F /19/2017 Pg 1 of 4 Trans ID: CHC STERN LAVINTHAL & FRANKENBERG LLC 105 Eisenhower Parkway - Suite 302 Roseland, NJ (973) Attorneys for Plaintiff Charles A. Gioino, Esq.: MTGLQ INVESTORS, L.P. vs. Plaintiff AUGUSTA UCHENDU; IHEANACHOR GODFREY IHEKAIRE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT; BANK OF AMERICA, N.A.; PHILIA U. AHUMIBE; STATE OF PENNSYLVANIA; NEW CENTURY FINANCIAL SERVICES INC. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MONMOUTH COUNTY DOCKET NO.: F CIVIL ACTION FINAL JUDGMENT Defendant(s) This matter being opened to the Court by Stern Lavinthal & Frankenberg LLC attorneys for Plaintiff, and it appearing that service of the Summons and Complaint (and Amended Complaint, if any), have been duly issued and returned served upon the following defendant(s) who have filed an Answer, which Answer has been stricken by Order of the Court and pursuant thereto, default having been entered against said Defendant(s): and it appearing that service of the Summons and Complaint (and Amended Complaint, if any), have been made upon the following Defendant(s), in accordance with the rules of this Court, and default having been entered against said Defendant(s);

63 SWC F /19/2017 Pg 2 of 4 Trans ID: CHC AUGUSTA UCHENDU IHEANACHOR GODFREY IHEKAIRE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT BANK OF AMERICA, N.A. PHILIA U. AHUMIBE STATE OF PENNSYLVANIA NEW CENTURY FINANCIAL SERVICES INC. and it further appearing that Summons and Complaint (and Amended Complaint, if any) have been duly issued and returned served upon the following defendants who have filed an Answer, which does not dispute the priority or validity of the Plaintiff's mortgage: and the Plaintiff's obligation and mortgage having been presented and marked as exhibits by the Court, 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 defaulting defendant(s) IHEANACHOR GODFREY IHEKAIRE and PHILIA U. AHUMIBE are in military service and good reason appearing that the judgment applied for should be granted at this time and that the judgment should enter without a Servicemembers Civil Relief Act Bond and sufficient cause appearing; It is on this day of, 2017 ORDERED and ADJUDGED that the Plaintiff is entitled to have the sum of $524, together with lawful interest thereon to be computed from March 13, 2017 together with costs of this suit to be taxed, including a counsel fee of $_ raised and paid in the first place out of the mortgaged premises; and it is further ORDERED that the Plaintiff, or the successful purchaser at the Sheriff's Sale, duly recover against the following Defendant(s): AUGUSTA UCHENDU; IHEANACHOR GODFREY IHEKAIRE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT; BANK OF AMERICA, N.A.; PHILIA U. AHUMIBE;

64 SWC F /19/2017 Pg 3 of 4 Trans ID: CHC STATE OF PENNSYLVANIA; NEW CENTURY FINANCIAL SERVICES INC., and all parties holding under said Defendant(s) the possession of the premises mentioned and described in the said Complaint (and Amended Complaint, if any), with the appurtenances, however, no possession is hereby awarded against any tenant protected by the provisions of the New Jersey Anti-Eviction Statue (N.J.S.A. 2A: et seq.) and no Writ of Possession shall issue against said tenants, unless permitted by applicable law; 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 under 28 U.S.C. 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 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 the mortgaged premises be sold to raise and satisfy the several sums of money due, in the first place, to Plaintiff, MTGLQ INVESTORS, L.P., the sum of $524,814.79, together with lawful interest thereon to be computed from March 13, 2017 with the Plaintiff's costs to be taxed, with lawful interest thereon, and that an execution for that purpose be duly issued out of this Court directed to the Sheriff of Monmouth County, commanding said Sheriff to make sale according to law of the mortgaged premises described in the Complaint (and Amended Complaint, if any), and out of the monies arising from said sale, that said Sheriff pay in the first place, to the Plaintiff, MTGLQ INVESTORS, L.P., or its attorney, said Plaintiff's debt, with interest thereon as aforesaid, and in case more money be realized by the said sale that shall be sufficient to satisfy such several payments as aforesaid, that such surplus be brought into this Court to abide the further Order of this Court and that the Sheriff aforesaid make a report of the aforesaid sale without delay as required by the rules of this Court; and it is further. ORDERED and ADJUDGED that the legal description set forth in Schedule "A" attached to the Complaint, which corrects certain scrivener's errors as alleged in the Complaint, be attached to the Writ of Execution and the Deed to be issued by the Sheriff of Monmouth County, subsequent to the sale of the premises by the Sheriff.

65 SWC F /19/2017 Pg 4 of 4 Trans ID: CHC ORDERED and ADJUDGED that the Defendant(s) in this cause, 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 Complaint, if any), when sold as aforesaid by virtue of this judgment.

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