GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT CITIFINANCIAL SERVICING, LLC; vs. Plaintiff, BEVERLY F. HOWARD; THURSTON J. HOWARD; LVNV FUNDING, LLC; Defendants, SUPERIOR COURT OF NEW JERSEY SALEM 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 July 3, 2014 Powers Kirn, LLC, Attorneys for Plaintiff Summons dated July 4, 2014 (See returns of service for Thurston J. Howard, her husband and Beverly F. Howard annexed hereto.) NOTE: WE FAIL TO FIND INITIAL SERVICE OF THE SUMMONS AND COMPLAINT UPON LVNV FUNDING, LLC FILED IN THIS ACTION. Notice of Dismissal as to the heirs, devisees, etc. of Beverly F. Howard, the heirs, devisees, etc. of Thurston J. Howard Filed August 21, 2014 Request and Certification of Default as to Beverly F. Howard; Thurston J. Howard; LVNV Funding LLC Filed September 4, 2014 Default Filed September 4, 2014 Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED October 20,

3 Notice of Motion for Final Judgment Filed October 20, 2015 Proof of Mailing Notice of Motion for Final Judgment RECEIVED October 20, 2015 Certification of Compliance Regarding Mediation Documents RECEIVED October 20, 2015 Proof of Mailing Notice to Residential Tenants of Rights During Foreclosure RECEIVED October 20, 2015 Certification of Non-Military Service RECEIVED October 20, 2015 Proof of Mailing Default RECEIVED October 20, 2015 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED October 20,

4 Certification of Costs RECEIVED October 20, 2015 Certification of Amount Due RECEIVED October 20, 2015 Final Judgment Filed December 17, 2015 DENIED. CLERK'S NOTATION: FAILURE TO RESPOND TO RETURN NOTICE. A NEW MOTION FOR JUDGMENT WILL HAVE TO BE FILED AND SERVED. First Amended Complaint to Foreclose Filed January 19, 2016 Powers Kirn, LLC, Attorneys for Plaintiff Proof of Mailing RECEIVED February 10, 2016 On January 21, 2016, a copy of the First Amended Complaint was mailed by regular and certified mail to each Beverly F. Howard and Thurston J. Howard at 310 North Broad Street, Apartment Q9, Penns Grove, New Jersey and David A. Faloni, Sr., Esquire, Attorney for Defendant(s) LVNV Funding, LLC at 165 Passaic Avenue #301B, Fairfield, New Jersey

5 Request and Certification of Default as to Beverly F. Howard; Thurston J. Howard; LVNV Funding, LLC Filed February 12, 2016 Default Filed February 12, 2016 Second Amended Complaint to Foreclose Filed October 24, 2016 Powers Kirn, LLC, Attorneys for Plaintiff FIRST COUNT Second Amended Complaint filed to foreclose mortgage made and executed by Beverly F. Howard and Thurston J. Howard to CitiFinancial Services, Inc. to secure the sum of $160, Obligation and mortgage dated April 14, The mortgage was recorded in Salem County on April 17, 2008 in Book 2370, Page 230. THIS IS NOT A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE SECOND AMENDED 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. LVNV Funding LLC is made a defendant for reasons more particularly set forth in the annexed copy of the Complaint. 4

6 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. 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 of the First and Second Counts and makes same part hereof as if repeated at length. Effective August 19, 2009, CitiFinancial unilaterally adjusted the terms of the note and mortgage in its system to capitalize existing arrears of interest and escrow advances and established a new unpaid principal balance in the amount of $165, The Adjustment of Terms Agreement also temporarily reduced the interest rate to % per annum, which resulted in corresponding monthly payments of principal and interest in the amount of $1, and modified the maturity date to April 18,

7 above. CitiFinancial Servicing LLC's internal records reflect the adjusted terms set forth Plaintiff wishes to sue the adjusted terms to calculate the amount due on the subject loan when it applies for final judgment. WHEREFORE, Plaintiff demands judgment against the defendants and requests that the court: Enter an order finding that the plaintiff can enforce the terms of the adjustment of terms effective August 19, 2009 on the subject loan; Such other relief that the Court deems appropriate. FOURTH COUNT Plaintiff repeats the allegations of the First Count and Second Count and makes same part hereof as if repeated at length. Effective November 10, 2010, CitiFinancial unilaterally adjusted the terms of the note and mortgage in its system to capitalize existing arrears of interest and escrows advances and established a new unpaid principal balance in the amount of $170, The Adjustment of Terms Agreement also reduced the interest rate to % per annum, which resulted in corresponding monthly payments of principal and interest in the amount of $1, and modified the maturity date to January 28, above. CitiFinancial Servicing LLC's internal records reflect the adjusted terms set forth Plaintiff wishes to use the adjusted terms to calculate the amount due on the subject loan when it applies for final judgment. WHEREFORE, Plaintiff demands judgment against the defendants and requests that the court: Enter an order finding that the plaintiff can enforce the terms of the adjustment of terms effective November 10, 2010 on the subject loan; Such other relief that the Court deems appropriate. 6

8 By: The Second Amended Complaint is signed, Powers Kirn, LLC Attorneys for Plaintiff Jeanette J. O'Donnell Proof of Mailing RECEIVED October 26, 2016 On October 26, 2016, a copy of the Second Amended Complaint was mailed by regular and certified mail to each Beverly F. Howard and Thurston J. Howard at 310 North Broad Street, Apartment Q9, Penns Grove, New Jersey and David A. Faloni, Sr., Esquire, Attorney for Defendant(s) LVNV Funding, LLC at 165 Passaic Avenue #301B, Fairfield, New Jersey Request and Certification of Default as to Beverly F. Howard; Thurston J. Howard; LVNV Funding, LLC Filed November 16, 2016 Default Filed November 16, 2016 Notice of Motion for an Order Finding that Plaintiff is Entitled to Enforce the Adjustment of Terms returnable January 20, 2017 Filed December 21, 2016 The Notice of Motion for an Order Finding that Plaintiff is Entitled to Enforce the Adjustment of Terms is directed to each Beverly F. Howard and Thurston J. Howard at 310 North Board Street, Apartment Q9, Penns Grove, New Jersey

9 Certification in Support of Motion RECEIVED December 21, 2016 (See copy annexed hereto.) Letter Brief RECEIVED December 21, 2016 Proof of Mailing Notice of Motion RECEIVED December 21, 2016 On December 21, 2016, a copy of the Notice of Motion was mailed by regular and certified mail to each Beverly F. Howard and Thurston J. Howard at 310 North Board Street, Apartment Q9, Penns Grove, New Jersey Order Granting Plaintiff's Motion Determining That Plaintiff is Entitled to Enforce The Adjustment of Terms Filed January 20, 2017 (See copy annexed hereto.) Proof of Mailing RECEIVED January 27, 2017 On January 27, 2017, a copy of the Order Granting Plaintiffs's Motion Determining that Plaintiff is Entitled to Enforce the Adjustment of Terms was mailed by regular mail to each Beverly F. Howard and Thurston J. Howard at 310 North Board Street, Apartment Q9, Penns Grove, New Jersey

10 Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED March 10, 2017 Notice of Motion for Final Judgment Filed March 10, 2017 The Notice of Motion for Final Judgment is directed to each Beverly F. Howard, Thurston Howard and Tenant(s) at 259 Wintergreen Lane, Carneys Point Township, New Jersey and to each Beverly F. Howard and Thurston J. Howard at 310 North Board Street, Apartment Q9, Penns Grove, New Jersey Proof of Service of Notice of Motion for Final Judgment RECEIVED March 10, 2017 On February 21, 2017, 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 each Beverly F. Howard, Thurston Howard and Tenant(s) at 259 Wintergreen Lane, Carneys Point Township, New Jersey and to each Beverly F. Howard and Thurston J. Howard at 310 North Board Street, Apartment Q9, Penns Grove, New Jersey Certification of Compliance RECEIVED March 10, 2017 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 to the summons and complaint was served upon the mortgagor defendants. 9

11 Proof of Mailing RECEIVED March 10, 2017 On February 21, 2017, a copy of the Notice to Residential Tenants of Rights During Foreclosure was mailed by certified mail to Tenant/s at 259 Wintergreen Lane, Carneys Point Township, New Jersey Certification of Non-Military Service RECEIVED March 10, 2017 Beverly F. Howard and Thurston J. Howard are not in the military service. Reports from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED March 10, 2017 On November 28, 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 March 10, 2017 On November 28, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Beverly F. Howard and Thurston J. Howard at the following addresses: 310 N. Broad Street, Apartment Q9, Penns Grove, New Jersey and 259 Wintergreen Lane, Carneys Point Township, New Jersey As of November 28, 2016, no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification of Costs RECEIVED March 10, 2017 Total fees requested $1,

12 Certification of Amount Due RECEIVED March 20, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $231, on its mortgage together with interest to grow due thereon from January 24, (See copy annexed hereto.) Final Judgment Filed April 20, 2017 (See copy annexed hereto.) Plaintiff s Costs $3, Writ of Execution issued April 10, 2017 and returned Certification of Mailing RECEIVED July 12, 2017 On July 12, 2017 a Notice of Sheriff's Sale was mailed by regular and certified mail to each Beverly F. Howard and Thurston J. Howard at 310 North Broad Street, Apartment Q9, Penns Grove, New Jersey

13 Proof of Mailing RECEIVED July 18, 2017 On June 5, 2017 a copy of the filed Final Judgment was mailed to each Beverly F. Howard and Thurston J. Howard at 310 North Broad Street, Apartment Q9, Penns Grove, New Jersey and David A. Faloni, Sr., Esquire for LVNV Funding, LLC at 165 Passaic Avenue #301B, Fairfield, New Jersey Report of Sale RECEIVED January 9, 2018 On October 16, 2017, the Sheriff of Salem County sold the mortgaged premises at public venue to Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A for the sum of $ Affidavit of highest and best price annexed thereto. 12

14 THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: September 28, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax BA 13

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40 SWC F /10/2017 Pg 1 of 3 Trans ID: CHC # POWERS KIRN, LLC 728 Marne Highway, Suite 200 Moorestown, NJ (856) Attorneys for Plaintiff Sarah E. Powers, Esquire CitiFinancial Servicing LLC Plaintiff vs. Beverly F. Howard, et al. Defendant(s) : SUPERIOR COURT OF NEW JERSEY : CHANCERY DIVISION : SALEM COUNTY : : Docket No.F : : CIVIL ACTION : : FINAL JUDGMENT : This matter being opened to the Court by POWERS KIRN, LLC, attorneys for the Plaintiff, and it appearing to the Court that the Summons and Complaint have been duly issued and returned served upon the Defendants,Beverly F.Howard, Thurston J.Howard, LVNV Funding, LLC, and the Clerk having entered a default against said Defendants for failure to plead or otherwise defend, and the Plaintiff's nond and mortgage and assignment of mortgage having been presented and marked as Exhibits by the Court, and proofs having been submitted of

41 SWC F /10/2017 Pg 2 of 3 Trans ID: CHC the amount due on Plaintiff's mortgage, and sufficient cause appearing; IT IS on this 10th day of April, 2017, ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $ 231, together with interest at the contract rate of 7.440% on $179, the principal sum in default, including advances, if any, from January 24, 2017 to April 10, 2017, the date of the entry of final judgment, and lawful interest thereafter on the total sum due plaintiff together with 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 that the Plaintiff or purchaser at Sheriff's sale duly recover against the saidbeverly F.Howard, Thurston J.Howard, LVNV Funding, LLC, the possession of the premises 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 and satisfy in the first place unto the Plaintiff in the sum of $ 231,189.10, secured by a certain mortgage dated April 14, 2008, together with interest at the contract rate of 7.440% on $179, being the principal sum in default, including advances, if any, from January 24, 2017 to April 10, 2017, the date of the entry of final judgment, and lawful interest thereafter on the total sum due the Plaintiff until the same be paid and satisfied and also the costs of the aforesaid Plaintiff with interest thereon and that an Execution for that purpose duly issue out of this Court directed to the To the Sheriff of Salem County, commanding him or her to make sale according to law of the mortgaged premises described in the Complaint, and out of the monies arising from such sale that he pay to the Plaintiff its said debt with interest thereon as aforesaid, and its costs aforesaid, and in case more money shall be realized by said sale than shall be sufficient to answer

42 SWC F /10/2017 Pg 3 of 3 Trans ID: CHC such several payments, that such surplus be brought into this Court to abide the further order of this Court, and that the Sheriff of Salem Countyshall make his report of sale without delay as required by the Rules of this Court; and it is further ORDERED and adjudged that the Defendants, 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 when sold as aforesaid by virtue of this judgment. 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. Section 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. Affordable housing properties are subject to the Uniform Availability Restrictions of N.J.A.C. 5: (e).

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