GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT WEICHERT FINANCIAL SERVICES, vs. Plaintiff, BRIAN MACKOWICZ; STATE OF NEW JERSEY; NICHOLE SEGAR, Defendants, SUPERIOR COURT OF NEW JERSEY SUSSEX 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 May 24, 2017 Pluese, Becker & Saltzman, LLC, Attorneys for Plaintiff Notice to State RECEIVED June 16, 2017 (See returns of service for State of New Jersey annexed hereto.) Notice of Dismissal as to Mr./Mrs. Mackowicz, Spouse of Brian E. Mackowicz; John Doe and Jane Doe 1-10 (Name Being Fictitious) Tenants/Occupants Filed July 21, 2017 Amended Complaint to Foreclose Filed July 21, 2017 Pluese, Becker & Saltzman, LLC, Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Brian E. Mackowicz to Mortgage Electronic Registration Systems, Inc., as nominee for Weichert Financial Services to secure the sum of $135, Obligation and mortgage dated August 21, The mortgage was recorded in Sussex County on September 4, 2013 in Book 9173, Page 489. THIS IS A NON PURCHASE MONEY MORTGAGE. 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 1

3 Amended Complaint, the mortgage was assigned to the Plaintiff. State of New Jersey and Nichole Segar 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, PLUESE, BECKER & SALTZMAN, LLC Attorneys for Plaintiff Sanford J. Becker, Esquire Summons dated July 26, 2017 (See return(s) and/or acknowledgment(s) of service for Nichole Segar annexed 2

4 hereto.) Proof of Mailing Amended Complaint RECEIVED August 23, 2017 On July 28, 2017, a copy of the Amended Complaint was sent via certified and regular mail to Brian E. Mackowicz at 49 Sterling Street, Franklin Borough, NJ and 542 N. West Boulevard, Vineland, NJ and State of New Jersey C/O Office of the Attorney General at 25 Market Street, CN 080, Trenton, NJ Certification of Inquiry and Publication (as to Brian E. Mackowicz ) RECEIVED September 14, 2017 (See copy annexed hereto.) Affidavit of Publication annexed thereto sets forth on June 8, 2017, a Notice to Absent Defendants directed to Brian E. Mackowicz was published in The New Jersey Herald and/or New Jersey Sunday Herald. NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRY. FURTHER, WE FAIL TO FIND ANY INDICATION IN THE INQUIRY THAT THE ABSENT DEFENDANTS ARE ALIVE EVEN THOUGH THEIR PRESENT WHEREABOUTS CANNOT BE ASCERTAINED. THEY ARE NOT JOINED WITH THE EXPRESSION THEIR HEIRS, DEVISEES, ETC. Request and Certification/Affidavit of Default as to Brian E. Mackowicz; State of New Jersey and Nichole Segar Filed September 14, 2017 Default Filed September 14,

5 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED February 8, 2018 Notice of Motion for Final Judgment Filed February 8, 2018 The Notice of Motion for Final Judgment is directed to Brian E. Mackowicz at 49 Sterling St., Franklin, NJ and 542 North West Boulevard, Vineland, NJ Proof of Service of Notice of Motion for Final Judgment RECEIVED February 8, 2018 On February 8, 2018, 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 Brian E. Mackowicz at 49 Sterling St., Franklin, NJ and 542 North West Boulevard, Vineland, NJ Certification of Counsel Regarding Service of Mediation Materials RECEIVED February 8, 2018 Certification sets forth a copy of the Foreclosure Mediation Forms were served upon the eligible Owner/Borrower/Defendant at the time of the service of the Summons and Complaint. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED February 8, 2018 Brian E. Mackowicz is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Due to lack of a social security number, plaintiff cannot determine whether Nichole Segar is in the military service. 4

6 Proof of Mailing RECEIVED February 8, 2018 On September 20, 2017, a copy of the filed default was mailed to State of New Jersey and Nichole Segar at the addresses where they were served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED February 8, 2018 On September 20, 2017, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Brian E. Mackowicz at the following addresses: 49 Sterling St., Franklin, NJ and 542 North West Boulevard, Vineland, NJ More than ten days have passed since receipt of the notice by the debtor. Certification/Affidavit of Costs/Search Fees RECEIVED February 8, 2018 Total fees requested $ Certification/Affidavit of Amount Due RECEIVED February 8, 2018 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $155, on its mortgage together with interest to grow due thereon from February 1, (See copy annexed hereto.) Final Judgment Filed March 12, 2018 (See copy annexed hereto.) 5

7 Plaintiff s Costs $2, Writ of Execution issued March 12, 2018 and returned July 2, 2018 Unsatisfied Proof of Mailing RECEIVED March 29, 2018 On March 28, 2018, a copy of the filed Final Judgment was mailed to State of New Jersey C/O Office of the Attorney General at 25 Market Street, CN 080, Trenton, NJ , Nichole Segar at 256 Berkshire Valley Road, Wharton, NJ and Brian E. Mackowicz at 49 Sterling St., Franklin, NJ and 542 North West Boulevard, Vineland, NJ and Tenant/Occupant at 49 Sterling St., Franklin, NJ Certification/Affidavit of Mailing RECEIVED May 4, 2018 On May 4, 2018, a Notice of Sheriff's Sale was mailed by regular and certified mail to Brian E. Mackowicz at 49 Sterling St., Franklin, NJ and 542 North West Boulevard, Vineland, NJ and Tenant/Occupant at 49 Sterling St., Franklin, NJ Report of Sale RECEIVED July 26, 2018 Report of Sale annexed thereto sets forth on May 23, 2018, the Sheriff of Sussex County sold the mortgaged premises to Weichert Financial Services 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. 6

8 THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: October 12, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax tll 7

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10 SWC-F /21/ :29:16 PM Pg 1 of 10 Trans ID: CHC PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Horizon Way, Suite 900 Mount Laurel, New Jersey (856) Attorneys for Plaintiff Filing Attorney: Rob Saltzman, Esquire ID # Sanford J. Becker, Esquire ID # Robert F. Thomas, Esquire ID # Stuart West, Esquire ID # Kevin Diduch, Esquire ID # Kathleen L. Stanton, Esquire ID # File Number: SG WEICHERT FINANCIAL SERVICES, v. Plaintiff, BRIAN E. MACKOWICZ; STATE OF NEW JERSEY; NICHOLE SEGAR Defendants. : : : : SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION SUSSEX COUNTY DOCKET NO. F CIVIL ACTION AMENDED COMPLAINT (TO JOIN JUDGMENT CREDITOR) Weichert Financial Services, having its principal place of business at 225 Littleton Road, Morris Plains, NJ 07950, the Plaintiff in the above-entitled cause, states the following by way of Complaint: FIRST COUNT Pursuant to N.J. Ct R. 4: 64-1(B), Plaintiff respectfully alleges the following: 1. Identity of Parties to the subject loan transaction. 1.a. The Defendant(s)/Obligor(s) is(are): Brian E. Mackowicz. 1.b. The Defendant(s)/Mortgagor(s) is(are): Brian E. Mackowicz. 1.c. The Obligee/Mortgagee is: Weichert Financial Services/Mortgage Electronic Registration Systems, Inc as nominee for Weichert Financial Services, its successors and assigns. 1.d. The original interest rate is: 4.375%.

11 SWC-F /21/ :29:16 PM Pg 2 of 10 Trans ID: CHC The amount of the Debt. The original principal amount of the debt (the Debt ) secured by the subject mortgage (the Mortgage ) was: $135, The dates of execution of the Debt instrument and Mortgage. The date of execution of the Debt Instrument is: August 21, The date of execution of the Mortgage is: August 21, Recording information. 4.a. The date upon which the Mortgage was recorded is: September 4, b. The Mortgage was recorded in the County of: Sussex. 4.c. The Mortgage was recorded at the following location: Book 9173, at Page Status as Purchase Money Mortgage. The status of the Mortgage is indicated as follows: The Mortgage is not a purchase money mortgage. 5.a. Effective October 1, 2016, a Loan Modification Agreement was made between Brian Mackowicz and Weichert Financial Services, which changed the unpaid principal balance to $136, with an interest rate of 4.375% per year until the maturity date of September 1, 2056; with a monthly payment of $

12 SWC-F /21/ :29:16 PM Pg 3 of 10 Trans ID: CHC Terms of Mortgage; Default. The Mortgage contained the Parties agreement that if any installment payment of interest and principal, taxes and/or insurance premiums should remain unpaid for 30 days after the same shall fall due, the whole principal sum, together with all unpaid interest and any other charges, should at the option of the Mortgagee, their servicing agent, representatives and/or assigns, become immediately due and payable. Other terms and conditions of the contracts evidencing the Parties' agreement, all of which are incorporated herein by reference, provide for remedies including without limitation, obligations regarding late charges and default interest, as applicable. Defendant(s)/Mortgagor(s) have defaulted upon the obligations of the Mortgage by failing to maintain regular monthly payments thereunder and/or otherwise breaching the covenants and/or conditions thereof. 7. Default Date. The default date (the Default Date ) is: October 1, Acceleration. By reason of the Defendant s(s ) default, Plaintiff exercised the contractual right, provided for by the Mortgage, to accelerate the Debt. 9. Pre-Payment Penalty. A pre-payment Penalty is not applicable. 10. Assignment(s) of Mortgage. The Mortgage was assigned as follows: By written Assignment dated April 21, 2017, Mortgage Electronic Registration Systems, Inc. as nominee for Weichert Financial Services, its successors and assigns, assigned its Mortgage to Weichert Financial Services, which was recorded on May 1, 2017 in Book 9492 at Page 284.

13 SWC-F /21/ :29:16 PM Pg 4 of 10 Trans ID: CHC Identity(ies) of Defendant(s) Holding Subordinate Interests. The following Party(ies) hold(s) interest(s) and/or instrument(s) appearing of record which affect or may affect the hereinafter described Mortgaged Property, all of which interests and/or instruments appear to be subordinate to the lien of the Mortgage: 11.a. State of New Jersey is joined herein as a party Defendant by reason of their interest in the mortgaged premises arising from the Judgment(s) and/or Lien(s) described in the annexed Schedule "B". 11b. Nichole Segar is joined herein as a party Defendant by reason of their interest in the mortgaged premises arising from the Child Support Judgment described in the annexed Schedule "C" but only as to any amount due subsequent to the date of Plaintiff's mortgage. 12. Description of the Mortgaged Property. The Mortgaged Property (the "Mortgaged Property ) is described as follows: 12.a. The street address is: 49 Sterling Street, Franklin Borough, NJ b. Lot 36 Block c. The metes and bounds description as contained in the recorded Mortgage is annexed hereto as Schedule A. 13. Compliance with the Fair Foreclosure Act. Plaintiff has complied with the pre-filing notice requirements of the Fair Foreclosure Act.

14 SWC-F /21/ :29:16 PM Pg 5 of 10 Trans ID: CHC Pursuant to the terms of the Mortgage, the Mortgagee reserved the right to pay taxes or other liens affecting the Mortgaged Property, which liens are superior to the lien of the Mortgage and which liens, when paid by the Mortgagee, Assignee, or their servicing agent, together with interest thereon if/as provided for by the Mortgage, are to be added to the amount due on the Debt Instrument and Mortgage. The Mortgagee and/or their servicing agent may be required to pay such liens during the pendency of this action and, if so, then such disbursements become integral to the Debt secured by the Mortgage. 15. Any interest in or lien encumbering the Mortgaged Property, held by the previously identified Parties Defendant are subject and subordinate to the lien of the Mortgage. WHEREFORE, the Plaintiff respectfully requests Judgment: (a) Fixing the amount due on the Mortgage; (b) Debarring and foreclosing the Defendants of all equity of redemption in and to the Mortgaged Property described in Paragraph 12 above; (c) Directing that the Plaintiff be paid the amount due on Mortgage together with all subsequent municipal liens paid, interest and costs, and any other sums allowed by applicable law, together with interest thereon and costs. (d) Adjudging that the Mortgaged Property be sold according to law to satisfy the amount due to Plaintiff on the Mortgage; (e) Appointing a Receiver of Rents, Issues and Profits of the Mortgage Property.

15 SWC-F /21/ :29:16 PM Pg 6 of 10 Trans ID: CHC SECOND COUNT 1. Plaintiff respectfully incorporates herein the contents of Count One as if fully set forth herein. 2. On the previously specified Default Date, the Plaintiff, pursuant to the terms of the Debt Instrument and Mortgage, became entitled to possession of the Mortgaged Property. 3. The previously identified Parties Defendant have or may claim to have certain rights in the Mortgaged Property and by reason thereof have since the Default Date deprived the Plaintiff herein of possession of the Mortgaged Property. WHEREFORE, the Plaintiff respectfully requests Judgment against the Defendants: (a) for possession of the Mortgaged Property in favor of Plaintiff, their Assignee or any purchaser at Sheriff s Sale; (b) for damages, including mesne profits; (c) for costs. PLUESE, BECKER & SALTZMAN, LLC By: Sanford J. Becker, Esquire DATED: Notice Pursuant to the Fair Debt Collection Practices Act To the extent the Act may apply, please be advised that: This is an attempt to collect a debt; Any information obtained will be used for that purpose.

16 SWC-F /21/ :29:16 PM Pg 7 of 10 Trans ID: CHC NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the act), 15 U.S.C. SECTION 1692, et seq. To the extent the act may apply, please be advised of the following: 1. The amount of the original debt is stated in paragraph two of the Complaint attached hereto. 2. The Plaintiff who is named in the attached Summons and Complaint is the Creditor to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copy of the mortgage/note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty days after receipt of this notice, disputes the validity of the debt or some portion thereof. 4. If the Debtor notifies the Creditor's law firm within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Summons and Complaint is not the original creditor, and if the Debtor makes a request to the Creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Requests should be addressed to Pluese, Becker & Saltzman, LLC, Horizon Way, Suite 900, Mt. Laurel, NJ Attention: Sanford J. Becker, Esquire.

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19 SWC-F /21/ :29:16 PM Pg 10 of 10 Trans ID: CHC RC RE: FTS SUPERIOR COURT OF NEW JERSEY JUDGMENT: J CASE NUMBER: CS A DATE ENTERED: 05/24/17 DATE OF BIRTH: ACTION: CHILD SUPPORT VENUE: SUSSEX CREDITOR(S): NICHOLE SEGAR,ORIGINAL DOCKET - FD ATTY FOR CR.: PRO SE DEBTOR(S): BRIAN E MACKOWICZ,PRO SE 49 STERLING ST, FRANKLIN, NJ The debt amount varies from date to date. If you wish to know the current details, please contact: NJ-KIDS1 ( ) or *** End of Abstract *** SCHEDULE C

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30 SWC-F F 02/08/ /12/2018 9:58:33 AM Pg Pg 1 of 12 of Trans 2 Trans ID: ID: CHC CHC PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law Horizon Way, Suite 900 Mount Laurel, New Jersey (856) Attorneys for Plaintiff Filing Attorney: Rob Saltzman, Esquire ID # Sanford J. Becker, Esquire ID # Robert F. Thomas, Esquire ID # Stuart West, Esquire ID # Kathleen L. Stanton, Esquire ID # File Number: WEICHERT FINANCIAL SERVICES : : Plaintiff : : v. : : Brian E. Mackowicz, et al. : : Defendants : SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION SUSSEX COUNTY DOCKET NO.: F CIVIL ACTION FINAL JUDGMENT This matter being opened to the Court by Plaintiff, by and through Counsel, Pluese, Becker & Saltzman, LLC Sanford J. Becker, Esquire appearing, and it appearing that Summons, Complaint and Amendment to Complaint, if any, have been duly issued and returned served upon the following Defendant(s), who have filed an Answer, which does not dispute the priority or validity of the Plaintiff's mortgage: None And it further appearing that service of the said Summons Complaint and Amendment to Complaint, if any, have been made upon the following Defendant(s), in accordance with the Rules of this Court, and default having been entered against said Defendant(s): Brian E. Mackowicz, Nicole Segar and The State of New Jersey; And the Plaintiff's Note/Bond, Mortgage, and Assignment of Mortgage, if any, having been presented and marked as exhibits by the Court, and proofs having been submitted of the amount due on Plaintiff's mortgage and on the subsequent encumbrances of the following Defendant(s), whose priority cannot be determined at this time and must await surplus money proceedings, if any: None and sufficient cause appearing; 12th March IT IS on this day of 2018, ORDERED and ADJUDGED that the Plaintiff is entitled to have the sum of $$155, together with the interest computed at the contract rate of on $147,200.11, being the principal sum in default (Including advances, if any) from February 1, 2018 to March 12, 2018 and lawful interest thereafter on the total sum due Plaintiff, together with costs of this suit to be taxed, including a counsel fee of $ further , and raised and paid in the first place out of the mortgaged premises; and it is

31 SWC-F F 02/08/ /12/2018 9:58:33 AM Pg Pg 2 of 22 of Trans 2 Trans ID: ID: CHC CHC ORDERED and ADJUDGED that the Defendant(s) 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 and Amendment to Complaint, if any, when sold as aforesaid by virtue of this Judgment except as to the defendant, Nichole Segar, who will be debarred and foreclosed only as to the amount that accrued on their judgment, subsequent to the date of the recording of plaintiff's mortgage, which date was 9/4/2013; and it is further ORDERED that the Plaintiff, its assignee or purchaser duly recover against the Defendant(s), Mortgagors/Owners, and all persons or entities taking, holding, or claiming under said Defendant(s), the possession of the premises mentioned and described in the said Complaint and Amendment to Complaint, if any, with 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, in the first place to the Plaintiff, Weichert Financial Services the sum of $155, with interest thereon as aforesaid, and the plaintiff's costs to be taxed, with lawful interest thereon, and that an execution for that purpose duly issued by this Court to the Sheriff of Sussex County, commanding said Sheriff to make sale according to law of the mortgaged premises described in the Complaint and Amendment to Complaint, if any, and from the moneys arising from said sale, that said Sheriff pay in the first place to the Plaintiff, Weichert Financial Services said Plaintiff's debt, with interest thereon as aforesaid and said plaintiff's costs with interest thereon as aforesaid, and in the second place, to pay to the following Defendant(s), None Defendant's(s') debt with interest thereon as aforesaid and said Defendant's(s') costs with interest thereon as aforesaid, and in case more money shall be realized by the said sale that 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 required by the Rules of this Court; and it is further ORDERED and ADJUDGED that the Defendant(s) 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 and Amendment to Complaint, if any, when sold as aforesaid by virtue of this Judgment by 28 U.S.C. 2410; and it is further. 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 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 afford 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 PAUL INNES, P. J. Ch Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE

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