GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2005-C; vs. Plaintiff, SCOTT E. SPRINGARN, SR.; LISA SPRINGAR, his wife; JOHN DOE; JANE DOE 1-10 (names being fictitious) TENANTS/OCCUPANTS; JOSEPH GLOBIS; MAUREEN GLOBIS; MOTORMINT FIINANCE CO.; PORTFOLIO RECOVERY ASSOCIATES, LLC; NATIONAL CAPITAL MANAGEMENT, LLC; Defendants, SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to BLACKSTONE STEWART ABSTRACT LLC 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 # BTS TITLE OFFICER

2 Complaint to Foreclose Filed December 24, 2012 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff Summons dated January 16, 2013 (See returns of service for Lisa Spingarn, Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB, Mortgage Electronic Registration Systems, Inc., as nominee for OneWest Bank, FSB and Scott E. Spingarn, Sr. annexed hereto.) Foreclosure Dismissal Warning Notice for Lack of Prosecution DATED December 27, 2013 Notice of Dismissal s to the heirs, devisees, etc. of Scott E. Spingarn, Sr., Lisa Spingarn Filed January 21, 2014 Notice of Dismissal as to Joseph Globis his/her heirs, devisees, etc. and Maureen Globis, his/her heirs, etc. Filed January 21,

3 Notice of Motion for Entry of Default Filed January 21, 2014 The Notice of Motion for Entry of Default is directed to each Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birch Terrace, Borough of Sayreville, Parlin, New Jersey and to each Mortgage Electronic Registration Systems, as nominee for IndyMac Bank, FSB and as nominee for OneWest Bank, FSB r/a Corporation Trust Company, at 820 Bear Tavern Road, Trenton, New Jersey Certification in Support of Motion for Entry of Default RECEIVED January 21, 2014 Proof of Mailing of Notice of Motion RECEIVED January 21, 2014 On January 21, 2014 a copy of the Notice of Motion for Entry of Default was mailed by regular and certified mail to each Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birch Terrace, Borough of Sayreville, Parlin, New Jersey and to each Mortgage Electronic Registration Systems, as nominee for IndyMac Bank, FSB and as nominee for OneWest Bank, FSB r/a Corporation Trust Company, at 820 Bear Tavern Road, Trenton, New Jersey Order for Entry of Default Filed March 3, 2014 IT is on this 3rd day of March, 2014, ORDERED that default is hereby entered against the defendants Scott E. Spingarn, Sr.; Lisa Spingarn; Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB; Mortgage Electronic Registration Systems, Inc., as nominee for OneWest Bank, FSB. Default Filed March 3,

4 Amended Complaint to Foreclose Filed May 13, 2015 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff Foreclosure Dismissal Warning Notice for Lack of Prosecution DATED March 6, 2015 Notice of Motion for Entry of Order Substituting Plaintiff Filed March 25, 2015 The Notice of Motion is directed to each Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birth Terrace, Borough of Sayreville, Parlin, New Jersey Certification in Support of Order Substituting Plaintiff RECEIVED March 25, 2015 (See copy annexed hereto.) Proof of Mailing RECEIVED March 25, 2015 On March 25, 2015 the Notice of Motion was mailed in separate envelopes to each Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birth Terrace, Borough of Sayreville, Parlin, New Jersey Certification of Exceptional Circumstances Filed April 10,

5 Order Substituting Plaintiff Filed April 15, 2015 (See copy annexed hereto.) NOTE: WE FAIL TO FIND PROOF OF MAILING OF THE ORDER SUBSTITUTING PLAINTIFF AS DIRECTED THEREIN. Summons dated May 26, 2015 (See return of service for Portfolio Recovery Associates, LLC annexed hereto.) Substitution of Attorney Filed July 16, 2015 NOTE: WE FAIL TO FIND A COPY OF THE SUBSTITUTING OF ATTORNEY FILED ON JULY 16, 2015 WITHIN THE COURT CASE JACKET. HOWEVER, THE COURT DOCKET INDICATES SAID PLEADING WAS FILED AS NOTED. Notice of Dismissal as to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB and Mortgage Electronic Registration Systems, Inc., as nominee for OneWest Bank, FSB Filed October 5,

6 Second Amended Complaint to Foreclose Filed October 8, 2015 Pluese, Becker & Saltzman, LLC, Attorneys for Plaintiff FIRST COUNT Second Amended Complaint filed to foreclose mortgage made and executed by Scott E. Spingarn, Sr. and Lisa Spingarn to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. to secure the sum of $232, Obligation and mortgage dated August 12, The mortgage was recorded in Middlesex County on September 12, 2005 in Book 10912, Page THIS IS A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE SECOND AMENDED 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. John doe and Jane Doe 1-10 (names being fictitious), Tenants/Occupants, Joseph Globis, Maureen Globis, Motormint Finance Co., Portfolio Recovery Associates, LLC and National Capital Management, LLC are made defendants 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. 5

7 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 Second Amended Complaint is signed, Pluese, Becker & Saltzman, LLC Attorneys for Plaintiff Jessica A. Kolansky, Esquire Summons dated October 12, 2015 (See returns of service for Portfolio Recovery Associates, LLC, Motormint Finance Co. and National Capital Management, LLC annexed hereto.) Notice of Motion to Correct Name of Defendant Filed October 23, 2015 The Notice of Motion to Correct Name of Defendant is directed to each Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birch Terrace, Sayreville, New Jersey 08859, Motormint Finance Co., Attn: Sue Piccoline at 955 Route 9, South Amboy, New Jersey 08879, Portfolio Recovery Association, LLC c/o Corporation Service Company, Registered Agent at 830 Bear Tavern Road, Trenton, New Jersey and National Capital Management, LLC at 8245 Tournament Drive, Ste. 230, Memphis, TN

8 Proof of Mailing RECEIVED October 23, 2015 On October 23, 2015 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 each Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birch Terrace, Sayreville, New Jersey 08859, Motormint Finance Co., Attn: Sue Piccoline at 955 Route 9, South Amboy, New Jersey 08879, Portfolio Recovery Association, LLC c/o Corporation Service Company, Registered Agent at 830 Bear Tavern Road, Trenton, New Jersey and National Capital Management, LLC at 8245 Tournament Drive, Ste. 230, Memphis, TN NON-CONTESTING Answer Entered for Motormint Finance Company Filed October 23, 2015 Genova Burns LLC, Attorneys for Defendant, Motormint Finance Company Certification in Support of Order Correcting Name of Defendant RECEIVED October 23, 2015 The Second Amended Complaint in this action was filed on October 8, At the time the Second Amended Complaint was filed, inadvertently and due to clerical error, Defendant was identified as Scott E. Springarn, Sr. in the caption. The real and/or given name of Defendant, Scott E. Spingarn, Sr. Proof of Mailing Second Amended Complaint (as to Scott E. Springarn, Sr. and Lisa Springarn) RECEIVED October 30, 2015 (See copy annexed hereto.) 7

9 Order Correcting Name of Defendant Filed November 24, 2015 It is on this 24th day of November, 2015, ORDERED that the Second Amended Complaint be and all subsequent filed pleadings be deemed amended and corrected to identify the Defendant as Scott E. Spingarn, Sr. Certification of Personal Out of State Service (as to National Capital Management, LLC) RECEIVED December 9, 2015 (See copy annexed hereto.) Notice of Dismissal as to John Doe and Jane Doe 1-10 (names being fictitious) Tenants/Occupants Filed December 9, 2015 Request and Certification of Default as to Scott E. Spingarn, Sr.; Lisa Spingarn, his wife; Portfolio Recovery Associates, LLC; National Capital Management, LLC Filed December 9, 2015 Default Filed December 9, 2015 Notice of Dismissal as to Joseph Globis and Maureen Globis Filed July 26,

10 Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED August 9, 2016 Notice of Motion for Final Judgment Filed August 9, 2016 The Notice of Motion for Final Judgment is directed to each Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birch Terrace, Sayreville, New Jersey 08859, Portfolio Recover Associates, LLC c/o Corporation Service Company, R/A at 830 Bear Tavern Road, Trenton, New Jersey 08628, National Capital Management, LLC at 8245 Tournament Drive, Suite 230, Memphis, TN and Motormint Finance Co. c/o Genova Burna LLC at 494 Broad Street, Newark, New Jersey Proof of Service of Notice of Motion for Final Judgment RECEIVED August 9, 2016 On August 9, 2016, 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 Scott E. Spingarn, Sr. and Lisa Spingarn at 3 Birch Terrace, Sayreville, New Jersey 08859, Portfolio Recover Associates, LLC c/o Corporation Service Company, R/A at 830 Bear Tavern Road, Trenton, New Jersey 08628, National Capital Management, LLC at 8245 Tournament Drive, Suite 230, Memphis, TN and Motormint Finance Co. c/o Genova Burna LLC at 494 Broad Street, Newark, New Jersey Certification of Service RECEIVED August 9, 2016 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 Sheet (the "Materials") were served upon the eligible Owner(s)/Borrower(s)/Defendant(s) together with Plaintiff's application for entry of Final Judgment. 9

11 The Materials were also served upon the eligible Owner(s)/Borrower(s)/Defendant(s) with the Summons and Complaint if this action was instituted on or after January 5, Certification of Non-Military Service or Inability to Ascertain Military Status RECEIVED August 9, 2016 Scott E. Spingarn, Sr. is not in the military service. The military status of Lisa Spingarn, his wife could not be determined due to lack of social security number. Report from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED August 9, 2016 On January 6, 2016, a copy of the filed default was mailed to each of the "nonanswering" defendants at the addresses where they were served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED August 9, 2016 On January 6, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Scott E. Spingarn, Sr. and Lisa Spingarn, his wife at the following address: 3 Birch Terrace, Sayreville, New Jersey As of July 25, 2016, no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification of Search Fees RECEIVED August 8, 2016 Total fees requested $

12 Certification of Amount Due RECEIVED August 9, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $429, on its mortgage together with interest to grow due thereon from May 26, (See copy annexed hereto.) Final Judgment Filed September 15, 2016 (See copy annexed hereto.) Plaintiff s Costs $5, Writ of Execution issued September 15, 2016 and returned Sheriff's statement annexed thereto sets forth on, the Sheriff of Middlesex County sold the mortgaged premises at public vendue to Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C, Home Equity Mortgage Loan Asset-Backed Certificates, Series INABS 2005-C for the sum of $ Affidavit of highest and best price annexed thereto. Proof of Mailing Final Judgment RECEIVED September 23, 2016 (See copy annexed hereto.) 11

13 Certification of Mailing Notice of Sale RECEIVED January 27, 2017 (See copy annexed hereto.) Certification of Mailing Notice of Sale RECEIVED September 15, 2017 (See copy annexed hereto.) Certification of Mailing Notice of Sale RECEIVED January 8, 2018 (See copy annexed hereto.) Notice of Appearance Entered for the Plaintiff and successful bidder at sheriff's sale, Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C, Home Equity Mortgage Loan Asset-Backed Certificates, Series 2005-C Filed April 17, 2018 McCalla Raymer Leibert Pierce, LLC, Attorneys for Plaintiff and successful bidder at sheriff's sale, Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C, Home Equity Mortgage Loan Asset- Backed Certificates, Series 2005-C Writ of Possession issued May 10, 2018 (Writ not as yet returned to Court.) 12

14 THIS CHANCERY ABSTRACT IS CERTIFIED TO BLACKSTONE STEWART ABSTRACT LLC DATED: October 3, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax BA 13

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