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 On Behalf of the Holders of CWABS, INC., Asset-Backed Certificates, Series Plaintiff, vs. DARRYL LAMPLEY MRS. DARRYL LAMPLEY, His Wife Defendants, SUPERIOR COURT OF NEW JERSEY ESSEX COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to MADISON TITLE AGENCY 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 # MTANJ TITLE OFFICER

2 Complaint to Foreclose FILED November 16, 2016 Milstead & Associates, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Darryl Lampley to Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender., its successors and assigns to secure the sum of $209, Obligation and mortgage dated December 9, The mortgage was recorded in Essex County on January 11, 2006 in Book 10986, Page 823. THIS IS NOT 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. Mrs. Darryl Lampley, His Wife 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 November 18, 2016 (See return of service for Darryl Lampley annexed hereto.) Notice of Dismissal as to Mrs. Darryl Lampley, His Wife FILED January 6, 2017 Request and Certification/Affidavit of Default as to Darryl Lampley FILED January 6, 2017 Default FILED January 6,

4 Notice of Motion for Entry of Order Substituting Plaintiff FILED July 13, 2017 The Notice of Motion is directed to Darryl Lampley. Certification/Affidavit in Support of Order Substituting Plaintiff RECEIVED July 13,2017 The certification sets forth that on May 12, 2017 the mortgage was assigned to 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 The assignment was recorded on June 9, Proof of Mailing RECEIVED July 13, 2017 On July 13, 2017 the Notice of Motion was mailed by regular and certified mail to Darryl Lampley 6 Halsted Place, Elmwood, NJ (See copy annexed hereto) Order Substituting Plaintiff FILED August 2, 2017 It is on this 2nd day of August, 2017 ORDERED AND ADJUDGED that the complaint in this action be and hereby is amended by striking the name of Mortgage Electronic Registration Systems, Inc. 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 be and hereby is substituted as plaintiff. The Superior Court Clerk is directed to change as herein modified, the name of the party plaintiff on the automated case management system docket. A copy of this order shall be served on all appearing parties within seven days of the date of this Order. 3

5 NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE ORDER SUBSTITUTING PLAINTIFF AS DIRECTED THEREIN. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED November 10, 2017 Notice of Motion for Final Judgment FILED November 10, 2017 The Notice of Motion for Final Judgment is directed to Darryl Lampley. Proof of Service of Notice of Motion for Final Judgment RECEIVED November 10, 2017 On November 9, 2017 the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, Certification of Proof of Amount Due were mailed by regular and certified mail to Darryl Lampley and Tenant. (See copy annexed hereto) Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED November 10, 2017 Darryl Lampley is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. 4

6 Certification of Service of Notice of Foreclosure Mediation Availability RECEIVED November 10, 2017 Certification sets forth that a copy of the Notice of Foreclosure Mediation Availability with attachments with the summons and complaint upon the owner/borrower(s) Pursuant to N.J. Ct. R. 4:4-4. Certification of Service of Notice to Residential Tenants of Rights During Foreclosure RECEIVED November 10, 2017 On November 9, 2017 a copy of the Notice to Residential Tenants of Rights During Foreclosure upon any and all Tenants. Proof of Mailing RECEIVED November 10, 2017 On August 4, 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 November 10, 2017 On August 4, 2017 a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Darryl Lampley at the following addresses: 6 Halstead Place, Elmwood, NJ and 30 Brookwood Drive, Maplewood, NJ As of 10 days no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification/Affidavit of Costs/Search Fees RECEIVED November 10, 2017 Total fees requested $

7 Certification/Affidavit of Amount Due RECEIVED November 10, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $402, on its mortgage together with interest to grow due thereon from October 27, (See copy annexed hereto.) Final Judgment FILED December 11, 2017 (See copy annexed hereto.) Plaintiff s Costs $5, Writ of Execution issued December 11, 2017 Proof of Mailing RECEIVED April 18, 2018 On December 28, 2017 a copy of the filed Final Judgment was mailed to Darryl Lampley was served at the summons and complaint and also to Tenant at the mortgage premises.. Certification/Affidavit of Mailing RECEIVED May 21, 2018 On May 15, 2018 a Notice of Sheriff's Sale was mailed by regular and certified mail to Darryl Lampley at the address where he was served the summons and complaint and also at the mortgage premises. 6

8 Notice of Motion to Vacate and Reschedule Sheriff's Sale FILED October 11, 2018 Notice of Motion directed to Darryl Lampley, 30 Brookwood Realty LLC c/o Benzion Perl, and Essex County Sheriff. Certification in Support of Motion to Vacate and Reschedule Sheriff's Sale RECEIVED October 11, 2018 Proof of Mailing Notice of Motion to Vacate and Reschedule Sheriff's Sale October 11, 2018 On October 10, 2018 a copy of the Notice of Motion to Vacate and Reschedule Sheriff's Sale was mailed to Darryl Lampley, 30 Brookwood Realty LLC c/o Benzion Perl, and Essex County Sheriff. (See copy annexed hereto) LAST ENTRY THIS CHANCERY ABSTRACT IS A REFLECTION OF THE SUPERIOR COURT FILE AS IT APPEARS ON THE DATE OF THIS CHANCERY ABSTRACT. BECAUSE OF A DELAY IN THE DOCKETING AND FILING OF PLEADINGS THERE MAY BE ADDITIONAL PLEADINGS WHICH HAVE BEEN RECEIVED BY THE CLERK'S OFFICE BUT ARE NOT YET SHOWING AS FILED. 7

9 THIS CHANCERY ABSTRACT IS CERTIFIED TO MADISON TITLE AGENCY DATED: October 11, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax KW 8

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30 SWC F /11/2017 Pg 1 of 3 Trans ID: CHC Nelson Diaz, Esquire; Atty ID No.: Rhondi Lynn Schwartz, Esquire; Atty ID No.: David H. Lipow, Esquire; Atty ID No.: Joel H. Aronow, Esquire, Atty ID No Mark E. Herrera, Esquire; Atty ID No.: Milstead & Associates, LLC 1 E. Stow Road Marlton, NJ (856) Attorneys for Plaintiff File No 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, DARRYL LAMPLEY, et al., Defendant(s) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION ESSEX 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 December 11, 2017 ORDERED and ADJUDGED that the plaintiff is entitled to have the sum of $402, together with lawful interest from October 28, 2017 together with costs of this suit to be taxed including a counsel fee of $4, raised and paid in the first place out of the mortgaged

31 SWC F /11/2017 Pg 2 of 3 Trans ID: CHC premises, and it is further ordered that plaintiff, its assignee or purchaser at sale recover against the following defendants: Darryl Lampley, 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 the several sums of money due, in the first place to the plaintiff, 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 , in the sum of $402,744.41, 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 Essex 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. 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., that portion of any child support judgment, if any which was outstanding as of the date of the Plaintiff s

32 SWC F /11/2017 Pg 3 of 3 Trans ID: CHC mortgage, 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 month period prior to the recording of any association lien as allowed by N.J.S.A. 46:8B-21 or the Soldiers and Sailors Civil Relief Act of 1940, 50 U.S.C. App, 501 et seq. Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE /s/ Paul Innes PAUL INNES, P.J.Ch

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