GREATER ATLANTIC LEGAL SERVICES, INC.

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1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT QUEEN'S PARK OVAL ASSET HOLDINGS TRUST vs. Plaintiff, Frank Luciano, Jr. and Laura F. Luciano, his wife, each of their heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest; LNB Supplies, Inc.; Midland Funding, LLC, Defendants, SUPERIOR COURT OF NEW JERSEY SALEM COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to AMERICAN HOME TITLE AGENCY, INC. 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 # AHT-52071P TITLE OFFICER

2 Complaint to Foreclose Filed October 30, 2014 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Laura F. Luciano and Frank Luciano, Jr. to Mortgage Electronic Registration Systems, Inc.,as nominee for First Horizon Home Loans a Division of First Tennessee Bank N.A. to secure the sum of $142, Obligation and mortgage dated January 31, The mortgage was recorded in Salem County on February 4, 2008 in Book 02343, Page THIS IS 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. Laura F. Luciano is further joined and LNB Supplies Inc., as Midland Funding, LLC is/are made defendant(s) for reasons more particularly set forth in the annexed copy of the Complaint. In the event plaintiff is unable to determine the present whereabouts of defendant(s) Frank Luciano, Jr and Laura F. Luciano or ascertain if he/she/they is/are presently alive, and as a precaution, plaintiff has joined the following persons as party defendants to this foreclosure action for any lien, claim or interest they may have in, to, or against the mortgaged premises: Frank Luciano, Jr and Laura F. Luciano; his/her/their heirs, devisees and personal representatives, and his/her/their or any of their successors in right, title and interest. 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. 1

3 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. By: The Complaint is signed, ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Timothy Ziegler, Esq. For The Firm Summons dated December 8, 2014 (See return(s) and/or acknowledgment(s) of service for Midland Funding, LLC annexed hereto.) Certification of Inquiry and Publication (as to LNB Supplies Inc.) RECEIVED March 20, 2015 (See copy annexed hereto.) Affidavit of Publication annexed thereto sets forth on December 24, 2014, a Notice to 2

4 Absent Defendants directed to LNB Supplies Inc. was published in the South Jersey Times. NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRY AS TO LNB SUPPLIES INC. Certification of Inquiry and Substituted Service Pursuant to Rule 4:4-3 (A) for Defendant(s) Frank Luciano, Jr., Laura F. Luciano and Summons RECEIVED March 20, 2015 (See copy annexed hereto.) Notice of Dismissal as to the heirs, devisees, etc of Frank Luciano, Jr and Laura F. Luciano Filed March 20, 2015 Request and Certification/Affidavit of Default as to Frank Luciano, Jr., Laura F. Luciano, LNB Supplies, Inc. and Midland Funding, LLC Filed March 20, 2015 Default Filed March 20, 2015 Substitution of Attorney Filed September 18, 2015 ZUCKER, GOLDBERG & ACKERMAN, LLC, do hereby consent to the substitution of Phelan, Hallinan & Diamond, as Attorneys for Plaintiff. 3

5 Foreclosure Dismissal Notice (Lack of Prosecution) Filed March 24, 2016 Attorney Certification Opposition to the Court's Notice to Dismiss for Lack of Prosecution Under R. 4:64-8 RECEIVED April 22, 2016 DENIED CLERK'S NOTATION: CERTIFICATION DOES NOT SET FORTH EXCEPTIONAL CIRCUMSTANCES. Foreclosure Dismissal Order Filed April 29, 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 Reinstating Case to Active Status and Allowing for Service of Remedial Notice of Intention to Foreclose Filed September 19, 2016 Noticed directed to Frank Luciano, Jr. and Laura F. Luciano at 369 Fenwick Avenue, Salem, NJ and 7 Chapel Street, Pilesgrove, NJ LNB Supplies, Inc. C/O Ronald M. MacFarland, Esq at 1778 Route 47, Woodbine, NJ and Midland Funding, LLC C/O Corporation Service Company at 830 Bear Tavern Road, West Trenton, NJ Motion Returnable October 14, Certification of Filing and Service RECEIVED September 19, 2016 On September 19, 2016, a copy oft he Notice of motion to Reinstate Case Memorandum of Law, Certification in Support, Proof of Mailing and Proposed Order 4

6 was sent via certified and regular mail to Frank Luciano, Jr. and Laura F. Luciano at 369 Fenwick Avenue, Salem, NJ and 7 Chapel Street, Pilesgrove, NJ LNB Supplies, Inc. C/O Ronald M. MacFarland, Esq at 1778 Route 47, Woodbine, NJ and Midland Funding, LLC C/O Corporation Service Company at 830 Bear Tavern Road, West Trenton, NJ Attorney Certification in Support of Motion to Reinstate Case to Active Status and Allowing Service of the Remedial Notice of Intention to Foreclose RECEIVED September 19, 2016 Certification sets forth While Plaintiff reviewed Defendant's loan, it was revealed that the NOI referenced herein contained an error. However, the Order to Show Cause process had since closed by the time the defect was discovered. As a result, Plaintiff asks the court to allow it the opportunity to issue a Remedial NOI in the spirit of the decision in Guillaume. Memorandum of Law RECEIVED September 19, 2016 Administrative Order Transferring Foreclosure Matter to a Vicinage Filed October 27, 2016 It is hereby ordered that the above captioned foreclosure matter is administratively transferred to GLOUCESTER County to be reviewed by a judge. The basis for this administrative transfer at the request of the vicinage judge. Order Reinstating Case to Active Status and Allowing Service of Remedial Notice of Intention to Foreclose Filed January 6, 2017 IT IS on this 6 day of January 2017 ORDERED as follows: 1. The case of QUEEN'S PARK OVAL ASSET HOLDING TRUST vs. LAURA F. 5

7 LUCIANO, et al., Docket Number F , which was dismissed for lack of prosecution, be and is hereby reinstated as of record; and 2. Plaintiff is hereby ordered and allowed to send a new Notice of Intention to Foreclose, in full compliance with the Fair Foreclosure Act, to the Defendants; and 3. Defendants shall be allowed the opportunity to cure the arrears, without foreclosure fees/costs pursuant to the Fair Foreclosure Act. Proof of Mailing Order Reinstating Case to Active Status and Allowing Remedial Service of the Notice of Intent to Foreclose RECEIVED January 18, 2017 On January 17, 2017, a copy of the filed order was sent iva regular mail to Frank Luciano, Jr. and Laura F. Luciano at 369 Fenwick Avenue, Salem, NJ and 7 Chapel Street, Pilesgrove, NJ LNB Supplies, Inc. C/O Ronald M. MacFarland, Esq at 1778 Route 47, Woodbine, NJ and Midland Funding, LLC C/O Corporation Service Company at 830 Bear Tavern Road, West Trenton, NJ Proof of Mailing RECEIVED March 27, 2017 On March 27, 2017, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1 Received March 28, 2017 On March 27, 2017a Notice to Residential Tenants of Rights During Foreclosure was mailed by regular and certified mail to each Tenant and Inquilino at 369 Fenwick Avenue, Salem, NJ

8 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act Received March 28, 2017 On March 27, 2017, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Frank Luciano, Jr. and Laura F. Luciano at the following addresses: 369 Fenwick Avenue, Salem, NJ and 7 Chapel Street, Pilesgrove, NJ More than ten days have passed since receipt of the notice by the debtors. Notice of Motion for Entry of Order Substituting Plaintiff Filed May 19, 2017 Notice directed to Frank Luciano, Jr. and Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ Proof of Mailing of Notice of Motion for Entry of Order Substituting Plaintiff RECEIVED May 19, 2017 On May 18, 2017, a copy of the Notice of Motion for Entry of Order Substituting Plaintiff along with a copy of the Order Substituting Plaintiff was mailed to Frank Luciano, Jr. and Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ Certification in Support of Order Substituting Plaintiff RECEIVED May 19, 2017 It has been ascertained that on 04/13/2017, Queen's Park Oval Asset Holding Trust By: Roundpoint Mortgage Servicing Corporation its Attorney in Fact assigned said mortgage to Trent Bridge Asset Holding Trust, recorded on 04/26/2017 in Book 4230, Page 657. Order Substituting Plaintiff Filed June 2,

9 (See copy annexed hereto.) Proof of Mailing Order RECEIVED June 16, 2017 On June 15, 2017, a copy of the file Order was mailed via certified and regular mail to Frank Luciano, Jr. and Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ Notice of Motion for Entry of Order Substituting Plaintiff Filed July 31, 2017 Notice directed to Frank Luciano, Jr. and Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ Proof of Mailing of Notice of Motion for Entry of Order Substituting Plaintiff RECEIVED July 31, 2017 On July 28, 2017, a copy of the Notice of Motion for Entry of Order Substituting Plaintiff along with a copy of the Order Substituting Plaintiff was mailed to Frank Luciano, Jr. and Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION OF SERVICE OF THE NOTICE OF MOTION FOR ENTRY OF ORDER SUBSTITUTING PLAINTIFF DOES NOT SPECIFY THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL. Certification in Support of Order Substituting Plaintiff RECEIVED July 31, 2017 It has been ascertained that on 06/22/2017, Trent Bridge Asset Holding Trust By: Roundpoint Mortgage Servicing Corporation its Attorney in Fact assigned said mortgage to Carisbrook Asset Holding Trust, recorded on 07/07/2017 in Book 4264, 8

10 Page 318. Order Substituting Plaintiff Filed August 16, 2017 It is on this day 16th day of August, 2017, ORDERED and ADJUDGED that: 1. The complaint in this action be and hereby is amended by striking the name of TRENT BRIDGE ASSET HOLDING TRUST. 2. CARISBROOK ASSET HOLDING TRUST be and hereby is substituted in the place and stead of TRENT BRIDGE ASSET HOLDING TRUST as the party plaintiff and all subsequent pleadings be 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 on the automated case management system docket. 4. A copy of the order shall be served on all appearing parties within Seven (7) days of the date of this order. Proof of Mailing Order RECEIVED August 24, 2017 On August 22, 2017, a copy of the file Order was mailed via certified and regular mail to Frank Luciano, Jr. and Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED November 10, 2017 Notice of Motion for Final Judgment Filed January 4, 2018 The Notice of Motion for Final Judgment is directed to Frank Luciano, Jr. and 9

11 Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ LNB Supplies, Inc. C/O Ronald M. MacFarland, Esq at 1778 Route 47, Woodbine, NJ and Midland Funding, LLC C/O Corporation Service Company at 830 Bear Tavern Road, West Trenton, NJ 08628and Tenant(s) at 369 Fenwick Avenue, Salem, NJ Certification in Support of Service Pursuant to R 4:64-1(D) Received January 4, 2018 On November 28, 2017, a copy of the Notice of Motion for Entry of Judgment, Certification of Amount Due and Certification of Due Diligence was mailed to Frank Luciano, Jr. and Laura F. Luciano at 7 Chapel Street, Pilesgrove, NJ LNB Supplies, Inc. C/O Ronald M. MacFarland, Esq at 1778 Route 47, Woodbine, NJ and Midland Funding, LLC C/O Corporation Service Company at 830 Bear Tavern Road, West Trenton, NJ 08628and Tenant(s) at 369 Fenwick Avenue, Salem, NJ NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION OF SERVICE OF THE NOTICE OF MOTION FOR ENTRY OF JUDGMENT DOES NOT SPECIFY THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED January 4, 2018 Frank Luciano, Jr. and Laura F. Luciano is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED January 4, 2018 On March 27, 2017, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. 10

12 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act Received January 4, 2018 On March 27, 2017, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Frank Luciano, Jr. and Laura F. Luciano at the following addresses: 369 Fenwick Avenue, Salem, NJ and 7 Chapel Street, Pilesgrove, NJ More than ten days have passed since receipt of the notice by the debtors. Certification/Affidavit of Costs/Search Fees RECEIVED January 4, 2018 Total fees requested $ Certification/Affidavit of Amount Due RECEIVED January 4, 2018 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $270, on its mortgage together with interest to grow due thereon from September 27, (See copy annexed hereto.) Final Judgment Filed February 2, 2018 (See copy annexed hereto.) Plaintiff s Costs $3, Writ of Execution issued February 2, 2018 and returned February 20,

13 (It appears from the Sheriff s Statement that there was a deficiency.) Proof of Mailing RECEIVED February 7, 2018 On February 6, 2018 a copy of the filed Final Judgment was mailed to Frank Luciano, Jr. and Laura F. Luciano at 369 Fenwick Avenue, Salem, NJ and 7 Chapel Street, Pilesgrove, NJ 08098, LNB Supplies, Inc. C/O Ronald M. MacFarland, Esq at 1778 Route 47, Woodbine, NJ and Midland Funding, LLC C/O Corporation Service Company at 830 Bear Tavern Road, West Trenton, NJ Certification/Affidavit of Mailing RECEIVED February 27, 2018 On February 21, 2018, a Notice of Sheriff's Sale was mailed by regular and certified mail to Frank Luciano, Jr. and Laura F. Luciano at 369 Fenwick Avenue, Salem, NJ and 7 Chapel Street, Pilesgrove, NJ Administrative Order Requiring a Certification Setting Forth the Status of a Pending Foreclosure Matter Filed May 8, 2018 It is hereby Ordered that the Plaintiff shall file a certification setting forth the status of this pending foreclosure matter, including when it is anticipated that the matter will move to judgment or otherwise be resolved. That certification shall be filed on or before May 21, To ensure that your certification is received and reviewed by the Superior Court Clerk s Office, please file it in as an exceptional circumstances document in ecourts Attorney Certification in Response to Administrative Order Requiring a Certification Setting Forth the Status of a Pending Foreclosure Matter RECEIVED May 18,

14 The status of the within Foreclosure matter is that Final Judgment was entered on February 2, Report of Sale RECEIVED June7, 2018 Report of Sale annexed thereto sets forth on April 9, 2018, the Sheriff of Salem County sold the mortgaged premises to Carlsbrook Asset Holdings Trust for the sum of $ Affidavit of highest and best price annexed thereto. 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. 13

15 THIS CHANCERY ABSTRACT IS CERTIFIED TO AMERICAN HOME TITLE AGENCY, INC. DATED: October 5, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax tll 14

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38 SWC F /02/2017 Pg 1 of 1 Trans ID: CHC PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ Attorney for Plaintiff QUEEN'S PARK OVAL ASSET HOLDING TRUST PLAINTIFF, Vs. FRANK LUCIANO, JR, ET AL. DEFENDANT(S) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION SALEM COUNTY DOCKET NO: F CIVIL ACTION ORDER SUBSTITUTING PLAINTIFF This matter, being opened to the Court by Phelan Hallinan Diamond & Jones, PC, attorneys for the Plaintiff, and it appearing that the plaintiff be substituted to TRENT BRIDGE ASSET HOLDING TRUST, and for good cause shown: It is on this day day 2nd of, June 20, 17 ORDERED and ADJUDGED that: 1. The complaint in this action be and hereby is amended by striking the name of QUEEN'S PARK OVAL ASSET HOLDING TRUST. 2. TRENT BRIDGE ASSET HOLDING TRUST be and hereby is substituted in the place and stead of QUEEN'S PARK OVAL ASSET HOLDING TRUST as the party plaintiff and all subsequent pleadings be 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 on the automated case management system docket. 4. A copy of the order shall be served on all appearing parties within Seven (7) days of the date of this order. /s/ Paul Innes PAUL INNES, P. J. Ch Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE

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46 SWC F /02/2018 Pg 1 of 3 Trans ID: CHC PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ Attorney for Plaintiff CARISBROOK ASSET HOLDING TRUST PLAINTIFF FRANK LUCIANO, JR, ET AL. DEFENDANT (S) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION SALEM COUNTY DOCKET NO: F CIVIL ACTION FINAL JUDGMENT This matter having been opened to the Court by Phelan Hallinan Diamond & Jones, PC attorney s for plaintiff, and it appearing that service of the Summons and Complaint has/have been made upon the defendants, in accordance with the Rules of this Court and default having been entered against all non-answering 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 the plaintiff s Mortgage and sufficient cause appearing: It is on this 2 nd day of February, 2018 ORDERED and ADJUDGED that the plaintiff is entitled to have the sum of $270, together with interest at the Contract rate of 6% on $206, being the principal sum in default including advances from September 28, 2017 to 2/2/2018 and lawful interest thereafter on the total sum due to plaintiff together with costs of this suit to be taxed including counsel fee of $2, raised and paid in the first place out of the mortgaged premises and it is further ordered that the plaintiff, its assignee or purchaser at sale recover against the following defendants: FRANK LUCIANO, JR and LAURA F. LUCIANO

47 SWC F /02/2018 Pg 2 of 3 Trans ID: CHC and all parties holding under said defendants the 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 and satisfy the several sums of money due, in the first place to the plaintiff, CARISBROOK ASSET HOLDING TRUST, in the sum of $270, together with contract and lawful interest thereon to be computed as aforesaid, the plaintiff s costs to be taxed, with interest thereon, and that an execution for the purpose be duly issued out of this Court directed to the Sheriff of SALEM County, commanding said Sheriff to make sale according to law of the mortgaged premises, as 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 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, when sold as aforesaid by virtue of this judgment.

48 SWC F /02/2018 Pg 3 of 3 Trans ID: CHC 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.). /s/ Paul Innes, P.J.Ch. Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE

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