GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT THE BANK OF NEW YORK MELLON fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series vs. Plaintiff, JOSEPH P. MELONI SHEILA M. MELONI FIRST BANK COLLINGS LAKES CIVIC ASSOC. Defendants, SUPERIOR COURT OF NEW JERSEY ATLANTIC 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. YOUR REFERENCE # BST TITLE OFFICER

2 Complaint to Foreclose Filed June 30, 2016 Parker McCay P.A., Attorneys for Plaintiff Summons dated July 5, 2016 (See returns of service for Sheila M. Meloni, Collings Lakes Civic Assoc., Joseph P. Meloni, and First Bank annexed hereto.) Notice of Dismissal as to Mrs. Joseph Meloni, his wife Filed September 20, 2016 Request and Certification of Default as to Joseph P. Meloni, Sheila M. Meloni, First Bank, and Collings Lakes Civic Assoc. Filed September 20, 2016 Default Filed September 20, 2016 Amended Complaint to Foreclose Filed December 12, 2016 Parker McCay P.A., Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Joseph P. Meloni and Sheila M. Meloni to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Home Loans, Inc., its successors and assigns to secure the sum of $150, Obligation and mortgage dated June 7, The mortgage was recorded in Atlantic County on June 20, 2007 in Volume 12641, as Instrument THIS IS A NON PURCHASE MONEY MORTGAGE.

3 A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. By virtue of assignment(s) more particularly set forth in the annexed copy of the Amended Complaint, the mortgage was assigned to the Plaintiff. Collings Lakes Civic Assoc. and First Bank is/are made defendant(s) for reasons more particularly set forth in the annexed copy of the Amended 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 Amended 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 Amended Complaint annexed hereto. By: The Amended Complaint is signed, Parker McCay P.A. Attorneys for Plaintiff Kiera McFadden Roan, Esquire

4 NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION PURSUANT TO RULE 4:64-1(a) ANNEXED TO THE COMPLAINT FAILS TO SPECIFICALLY STATE THAT PLAINTIFF HAS RECEIVED AND REVIEWED THE TITLE SEARCH. Summons dated December 16, 2016 (See returns of service for Joseph P. Meloni, Sheila M. Meloni, First Bank, and Collings Lakes Civic Assoc. annexed hereto.) Request and Certification of Default as to Joseph P. Meloni, Sheila M. Meloni, First Bank, and Collings Lakes Civic Assoc. Filed February 22, 2017 Default Filed February 22, 2017 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED August 10, 2017 Notice of Motion for Final Judgment Filed August 10, 2017 The Notice of Motion for Final Judgment is directed to Joseph P. Meloni and Sheila M. Meloni at 201 Springdale Ln., Williamstown, NJ and 326 Boyer Avenue, Hammonton, NJ 08037, First Bank at 1020 North Blackhorse Pike, Williamstown, NJ 08094, and Collings Lakes Civic Assoc. at 105 Clover Terrace, Williamstown, NJ

5 Proof of Service of Notice of Motion for Final Judgment RECEIVED August 10, 2017 On August 7, 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 Proof of Mailing were mailed by regular and certified mail to the parties to whom the notice is directed. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED August 10, 2017 Joseph P. Meloni and Sheila M. Meloni is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED August 10, 2017 On February 28, 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 Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED August 10, 2017 On March 29, 2017, a notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Joseph P. Meloni at 201 Springfale Ln., Williamstown, NJ and 326 Boyer Avenue, Hammonton, NJ More than ten days have passed since receipt of the notice by the debtor no response has been received. Certification/Affidavit of Costs/Search Fees RECEIVED August 10, 2017 Total fees requested $1,

6 Certification/Affidavit of Amount Due RECEIVED August 10, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $178, on its mortgage together with interest to grow due thereon from March 31, (See copy annexed hereto.) Final Judgment Filed September 11, 2017 (See copy annexed hereto.) Plaintiff s Costs $3, Writ of Execution issued September 11, 2017 and not yet returned. Proof of Mailing RECEIVED October 23, 2017 On October 20, 2017, a copy of the filed Final Judgment was mailed to each of the defendants. LAST ENTRY

7 THIS CHANCERY ABSTRACT IS CERTIFIED TO BLACKSTONE STEWART ABSTRACT LLC DATED: October 5, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax DEJ

8

9

10

11

12 SWC-F /12/2016 2:42:08 PM Pg 1 of 17 Trans ID: CHC

13 SWC-F /12/2016 2:42:08 PM Pg 2 of 17 Trans ID: CHC

14 SWC-F /12/2016 2:42:08 PM Pg 3 of 17 Trans ID: CHC

15 SWC-F /12/2016 2:42:08 PM Pg 4 of 17 Trans ID: CHC

16 SWC-F /12/2016 2:42:08 PM Pg 5 of 17 Trans ID: CHC

17 SWC-F /12/2016 2:42:08 PM Pg 6 of 17 Trans ID: CHC

18 SWC-F /12/2016 2:42:08 PM Pg 7 of 17 Trans ID: CHC

19 SWC-F /12/2016 2:42:08 PM Pg 8 of 17 Trans ID: CHC

20 SWC-F /12/2016 2:42:08 PM Pg 9 of 17 Trans ID: CHC

21 SWC-F /12/2016 2:42:08 PM Pg 10 of 17 Trans ID: CHC

22 SWC-F /12/2016 2:42:08 PM Pg 11 of 17 Trans ID: CHC

23 SWC-F /12/2016 2:42:08 PM Pg 12 of 17 Trans ID: CHC

24 SWC-F /12/2016 2:42:08 PM Pg 13 of 17 Trans ID: CHC

25 SWC-F /12/2016 2:42:08 PM Pg 14 of 17 Trans ID: CHC

26 SWC-F /12/2016 2:42:08 PM Pg 15 of 17 Trans ID: CHC

27 SWC-F /12/2016 2:42:08 PM Pg 16 of 17 Trans ID: CHC

28 SWC-F /12/2016 2:42:08 PM Pg 17 of 17 Trans ID: CHC

29 SWC-F /22/ :48:15 AM Pg 1 of 16 Trans ID: CHC

30 SWC-F /22/ :48:15 AM Pg 5 of 16 Trans ID: CHC

31 SWC-F /22/ :48:15 AM Pg 9 of 16 Trans ID: CHC

32 SWC-F /22/ :48:15 AM Pg 13 of 16 Trans ID: CHC

33 SWC-F /10/ :18:31 PM Pg 1 of 9 Trans ID: CHC

34 SWC-F /10/ :18:31 PM Pg 2 of 9 Trans ID: CHC

35 SWC-F /10/ :18:31 PM Pg 3 of 9 Trans ID: CHC

36 SWC F /11/2017 Pg 1 of 4 Trans ID: CHC File No R Law Offices PARKER McCAY P.A. Daniel J. Capecci, Esquire ID No: Midlantic Drive, Suite 300 P.O. Box 5054 Mount Laurel, New Jersey (856) Attorneys for Plaintiff SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION ATLANTIC COUNTY DOCKET NO. F THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES , Plaintiff, v. CIVIL ACTION FINAL JUDGMENT JOSEPH P. MELONI; SHEILA M. MELONI; FIRST BANK; COLLINGS LAKES CIVIC ASSOC, Defendant(s). THIS MATTER having been opened to the Court by Parker McCay P.A., attorneys for the Plaintiff, and it appearing that the Summons and Complaint with any amendments thereto were duly issued and served upon the Defendant(s) herein, and each of them if necessary, and that the defaults of said Defendant(s) has/have been duly entered by the Clerk of the Court, and that none of said Defendant(s) is an infant or an incompetent person

37 SWC F /11/2017 Pg 2 of 4 Trans ID: CHC AND IT FURTHER APPEARING from the Certification filed by the Plaintiff herein that there is presently due and owing to the Plaintiff, as and for principal, interest, taxes and other expenses on the Note and Mortgage mentioned in the Complaint filed herein, the sum of $178, as of March 31, 2017; IT IS, on this 11 th day of September, 2017 ORDERED and ADJUDGED that the Plaintiff is entitled to have the sum of 178,829.27, together with interest at the contract rate of 4.875% on $157, being the principal sum in default plus advances, if any, from March 31, 2017 to 9/11/2017 plus lawful interest computed thereafter, on the total sum due, together with costs of suit to be taxed according to law, including a counsel fee in the sum of $1, computed pursuant to R.R. 4:42-9(a) raised and paid out of the mortgaged premises described in the Complaint; AND IT IS FURTHER ORDERED and ADJUDGED that Plaintiff is entitled to have the aforesaid mortgage debt, together with interest and cost as aforesaid raised and paid out of the mortgaged premises described in the Complaint; AND IT IS FURTHER ORDERED and ADJUDGED that the Plaintiff, its assignee or purchaser at Sheriff's Sale, duly recover against the said Defendant(s) and all parties holding under said Defendant(s) the possession of the premises mentioned and described in the said Complaint with the appurtenances; and that a Writ of Possession issue thereon; AND IT IS FURTHER ORDERED and ADJUDGED that the mortgaged premises be sold to raise and satisfy the several sums of money due to the Plaintiff herein the sum of $178,829.27, together with interest at the contract rate of 4.875% on $157, being the principal sum in default plus advances, if any from March 31, 2017 to 9/11/2017, plus lawful interest computed thereafter, with the costs to be taxed, with lawful interest thereon;

38 SWC F /11/2017 Pg 3 of 4 Trans ID: CHC AND IT IS FURTHER ORDERED and ADJUDGED that so much of said mortgaged premises as will be sufficient to satisfy said mortgage debt, interest and costs, be sold and that an Execution for that purpose duly issue out of this Court, directed to the Sheriff of the County of ATLANTIC commanding him 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 herein its said debt with interest thereon as aforesaid, and costs with interest thereon as aforesaid and in case more money shall be realized by the said sale than shall be sufficient to answer such several payments, that such surplus be brought into this Court to abide the further Order of this Court, and that the Sheriff make his report of sale without delay as required by the Rules of this Court; AND IT IS FURTHER ORDERED and ADJUDGED that the Defendant(s), and each of them, stand absolutely debarred and foreclosed of and from any and all equity of redemption of, in and to so much of the said mortgaged premises as shall be sold, as aforesaid, under this Judgment. 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 (6) 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 Service members Civil Relief Act, 50 U.S.C. App. 501 et seq., or N.J.S.A. 38:23C-4. /s/ Paul Innes, P.J.Ch. Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE