GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust , Asset Backed Certificates, Series vs. Plaintiff, MARTA POSNER MR. POSNER, her husband Defendants, SUPERIOR COURT OF NEW JERSEY UNION 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 10, 2015 Milstead & Associates, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Marta Posner, an unmarried woman to Dynamic Financial Consultants, Inc. to secure the sum of $310, Obligation and mortgage dated August 4, The mortgage was recorded in Union County on August 16, 2006 in Book 11813, Page 356 et seq. THIS IS A NON 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. Mr. Posner, her husband 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 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. 1

3 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, Milstead & Associates, LLC Attorneys for Plaintiff Nelson Diaz, Esquire Summons dated April 6, 2015 (See return of service for Marta Posner annexed hereto.) Notice of Dismissal as to Mr. Posner, her husband Filed May 27, 2015 Request and Certification/Affidavit of Default as to Marta Posner Filed May 27, 2015 Default Filed May 27,

4 Foreclosure Dismissal Warning Notice (Lack of Prosecution) Filed May 27, 2016 Certification of Exceptional Circumstances in Opposition to Dismissal Pursuant to NJ Court Rule 4:64-8 Received June 24, 2016 CLERK'S NOTATION: DENIED. CERTIFICATION DOES NOT SET FORTH EXCEPTIONAL CIRCUMSTANCES. Foreclosure Dismissal Warning Order Filed July 1, 2016 It is hereby ordered that pursuant to Rule 4:64-8, the above-captioned matter has been dismissed without prejudice for Lack of Prosecution. Reinstatement of the matter after dismissal may be requested by a Motion for Good Cause. Notice of Motion to Vacate Order of Dismissal and Reinstate Foreclosure Action Filed August 19, 2016 Notice directed to Marta Posner at 27 Pingry Place, Apartment 9, Elizabeth, NJ Proof of Mailing RECEIVED August 18, 2016 On August 18, 2016, a copy of the Notice of Motion to Reinstate Foreclosure Action, Certification in Support, Proof of Mailing, Proposed Form of Order, and Letter Brief were sent by regular and certified mail to the party to whom the notice is directed. 3

5 Certification in Support of Motion to Reinstate Foreclosure Action RECEIVED August 18, 2016 Certification sets forth that Certification of Amount Due has been prepared and sent to the Plaintiff for review. Once the Certification is reviewed and executed by Plaintiff, the Notice of Motion for Final Judgment will be sent for filing. Letter Brief RECEIVED August 18, 2016 Order Vacating the Order of Dismissal Entered July 1, 2016 and Reinstating Foreclosure Action Filed September 20, 2016 It is on the 20th day of September 2016 ORDERED THAT the Order of Dismissal entered on July 1, 2016 be and is hereby vacated and the foreclosure matter is hereby reinstated; and IT IS FURTHER ORDERED THAT a copy of the within Order be served on all known Defendants within 7 days of receipt of this order. NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE ORDER VACATING THE ORDER OF DISMISSAL ENTERED JULY 1, 2016 AND REINSTATING FORECLOSURE ACTION AS DIRECTED THEREIN. Notice of Dismissal as to paragraph 2c of the First Count of the Foreclosure Complaint Filed April 26, 2017 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED August 1,

6 Notice of Motion for Final Judgment Filed August 1, 2017 The Notice of Motion for Final Judgment is directed to Marta Posner at 27 Pingry Place, Apartment 9, Elizabeth, NJ 07208, and Tenant at 2074 Allen Street, Rahway, NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED August 1, 2017 On August 1, 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 Service of Notice of Foreclosure Mediation Availability RECEIVED August 1, 2017 Certification sets forth that a copy of the Notice of Foreclosure Mediation Availability and related forms were served with the Summons and Complaint upon the owner/borrower. Certification of Service of Notice to Residential Tenants of Rights During Foreclosure RECEIVED August 1, 2017 On August 1, 2017, a copy of the Notice to Residential Tenants of Rights During Foreclosure was sent by regular and certified mail to Tenant at 2074 Allen Street, Rahway, NJ Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED August 1, 2017 Marta Posner is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. 5

7 Proof of Mailing RECEIVED August 1, 2017 On June 1, 2015, a copy of the filed default was mailed to Marta Posner at the address where she was served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED August 1, 2017 On June 1, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Marta Posner at 27 Pingry Place, Apartment 9, Elizabeth, NJ Allen Street, Rahway, 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 she 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 August 1, 2017 Total fees requested $ Certification/Affidavit of Amount Due RECEIVED August 1, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $550, on its mortgage together with interest to grow due thereon from June 1, (See copy annexed hereto.) 6

8 Final Judgment Filed August 29, 2017 (See copy annexed hereto.) Plaintiff s Costs $6, Writ of Execution issued August 29, (Returned into Court: Fully Satisfied.) Proof of Mailing RECEIVED September 5, 2017 On August 31, 2017, a copy of the filed Final Judgment was mailed to Marta Posner and Tenant. Certification/Affidavit of Mailing RECEIVED October 6, 2017 On October 3, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Marta Posner at 27 Pingry Place, Apartment 9, Elizabeth, NJ Allen Street, Rahway, NJ Notice of Motion to Vacate and Reschedule Sheriff's Sale Filed January 24, 2018 Notices directed to Marta Posner at 27 Pingry Place, Apartment 9, Elizabeth, NJ , Shmuel Tescher at th Street, Brooklyn, NY and c/o Adam S. Kessler, Esq. at 354 Eisenhower Parkway, Plaza I, Suite 2250, Livingston, NJ 07039, and Union County Sheriff, County Administration Building, 1st Floor, 10 Elizabethtown Plaza, Elizabeth, NJ Motion returnable February 16, 7

9 2018. Proof of Mailing RECEIVED January 24, 2018 On January 24, 2018, a copy of the Notice of Motion to Vacate and Reschedule Sheriff's Sale, Certification in Support, Proof of Mailing, and Proposed Form of Order were sent by regular and certified mail to the parties to whom the notice is directed. Certification in Support of Motion to Vacate and Reschedule Sheriff's Sale RECEIVED January 24, 2018 On November 8, 2017, the mortgaged premises was sold at Sheriff's Sale to Shmuel Tescher. The third party purchaser has failed to pay the balance of the monies due to the Sheriff of Union County. Letter to the Court Requesting that the Motion to Vacate and Reschedule Sheriff's Sale be Withdrawn as the monies owed were received by the Union County Sheriff's Office Filed February 2, 2018 Report of Sale RECEIVED June 11, 2018 (See copy annexed hereto.) On November 8, 2017, the Sheriff of Union County sold the mortgaged premises at public venue to Shmuel C. Tescher for the sum of $156, Affidavit of highest and best price annexed thereto. 8

10 THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: October 5, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax DEJ 9

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29 SWC F /29/2017 Pg 1 of 2 Trans ID: CHC Rhondi Lynn Schwartz, Esquire ID No Milstead & Associates, LLC 1 E. Stow Road Marlton, NJ (856) Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST , ASSET-BACKED CERTIFICATES, SERIES , Vs. Plaintiff, MARTA POSNER, et al., Defendant(s) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION UNION COUNTY DOCKET NO.: F FINAL JUDGMENT This matter having been opened to the Court by MILSTEAD & ASSOCIATES, LLC, attorneys for plaintiff, and it appearing that service of Summons, Complaint and Amendment to Complaint, if any has been made upon the defendants in accordance with the Rules of this Court and default having been entered against said defendants and plaintiff s obligation, Mortgage and Assignment of Mortgage having been presented and marked as exhibits by the Court, and proof having been submitted of the amount due on plaintiff s Mortgage and sufficient cause appearing; It is on this 29th day of August 20, 17 ORDERED and ADJUDGED that the plaintiff is entitled to have the sum of $550, together with lawful interest from June 2, 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 plaintiff, its assignee or purchaser at sale recover against the following defendants: Marta Posner, and all parties holding under said defendants the

30 SWC F /29/2017 Pg 2 of 2 Trans ID: CHC possession of the premises so mentioned and described in the said Complaint with the appurtenances; and it is further, ORDERED and ADJUDGED that the mortgaged premises be sold to raise the several sums of money due, in the first place to the plaintiff, Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust , Asset- Backed Certificates, Series , in the sum of $550,794.48, with contract and lawful interest thereon to be computed as aforesaid, the plaintiff s costs to be taxed, with interest thereon, and that the execution for the purpose be duly issued out of this Court directed to the Sheriff of Union County, commanding said Sheriff to make sale according to law of the mortgaged premises described in the Complaint, and out of the money arising from said sale, that said Sheriff pay in the first place, to the plaintiff, said plaintiff s debt, with interest thereon as aforesaid and said plaintiff s costs with interest thereon as aforesaid, and in case more money shall be realized by the said sale than 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 defendants in cause, and each of them stand absolutely debarred and foreclosed of and from all equity of redemption of, in and to the mortgaged premises described in the Complaint, when sold as aforesaid by virtue of this judgment, except as provided by 28 U.S.C. Section This judgment shall not affect the right of any person protected by the provisions of the New Jersey Tenant Anti-Eviction Statute (NJSA 2A: et seq.) Honorable Paul Innes, P.J. Ch

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