GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT WELLS FARGO BANK, N.A.; vs. Plaintiff, WILLIAM T. SIMMONS, deceased, his heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest; BANK OF AMERICA, N.A.; MARGARET M. KOWALSKI, by Selective Insurance, as Subrogee; CAVALRY PORTFOLIO SERVICES LLC assignee of Cavalry SPV I LLC assignee of Mitsubishi Motors Credit of America; STATE OF NEW JERSEY; UNITED STATES OF AMERICA; Defendants, SUPERIOR COURT OF NEW JERSEY WARREN COUNTY DOCKET NO. F-005800-14 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 # 7077134 TITLE OFFICER
Complaint to Foreclose Filed February 18, 2014 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff Summons dated March 9, 2014 (See return of service for Cavalry Portfolio Services LLC assignee of Cavalry SPV I LLC assignee of Mitsubishi Motors Credit of America annexed hereto.) NON-CONTESTING Answer Entered for Bank of America, N.A. as successor to Fleet National Bank Filed March 31, 2014 Blank Rome LLP, Attorneys for Bank of America, N.A. as successor to Fleet National Bank Amended Complaint to Foreclose Filed March 31, 2014 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by William T. Simmons, unmarried to Mortgage Electronic Registration Systems, Inc., as nominee for Weichert Financial Services to secure the sum of $142,785.00. Obligation and mortgage dated April 24, 2003. The mortgage was recorded in Warren County on May 5, 2003 in Book 3108, Page 084. THIS IS A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. 1
The mortgage was subsequently assigned to plaintiff by assignment more particularly set forth in the annexed copy of the Amended Complaint. William T. Simmons departed this life on August 2, 2013. William T. Simmons was the owner of the real property that is the subject of the within foreclosure action. The plaintiff has conducted a diligent inquiry to ascertain if there are any intestate spouse, heirs at law or testamentary devisee of William T. Simmons, surviving. A search with the Warren Count Surrogate's Office revealed that no probate proceedings could be found. Plaintiff's search of published obituary archives did not locate a published obituary that disclosed that identity of heirs of the deceased. In the event that there are any heirs at law and next of kin of decedent, William T. Simmons, who are not known to plaintiff or are not set forth herein, 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: William T. Simmons, deceased, his heirs, devisees, and personal representatives, and her, their or any of their successors in right, title and interest. State of New Jersey, United States of America, Bank of America, NA, Margaret M. Kowalski, by Selective Insurance, as Subrogee and Cavalry Portfolio Services LLC assignee of Cavalry SPV I LLC assignee of Mitsubishi Motors Credit of America are made defendants for reasons more particularly set forth in the annexed copy of the Amended Complaint. By virtue of a default in the payment 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, the Plaintiff demands judgment: Fixing the amount due on the mortgage; Barring and foreclosing the defendants and each of them of all equity of redemption in and to the Mortgaged Premises; Directing that plaintiff be paid the amount due to 2
plaintiff as provided in the Mortgage together with interest, fees, costs and advances; Adjudging that the Mortgaged Premises be sold according to law to satisfy the amount due to plaintiff on the Mortgage; Appointing a receiver of rents, issues and profits of the Mortgaged Premises. SECOND COUNT Plaintiff hereby repeats, re-alleges, and incorporates the allegations set forth in the First Count of the Complaint, as if set forth herein at length. By the terms of the obligation and mortgage, plaintiff is entitled to possession of the Mortgaged Premises and all appurtenances. The Mortgagor(s) and Obligor(s) named herein has or may claim to have certain rights in the Mortgaged Premises and have deprived the plaintiff of possession of the Mortgaged Premises. WHEREFORE, Plaintiff demands judgment against the defendants, except those protected by N.J.S.A. 2A:18-16.1, et seq.: For possession of the Mortgaged Premises in favor of plaintiff or its assignee or designee, which right to possession shall be transferred to the successful purchaser at the foreclosure sale; For costs. THIRD COUNT Plaintiff repeats and re-alleges each and every allegation to the first two counts of the Complaint as if each were set forth herein at length. Inadvertently and due to clerical error, the lot information contained in plaintiff's recorded mortgage inadvertently omits the qualifier and designates the Lot as 1; when, in fact, it should have read Lot 1, Qualifier CG308. WHEREFORE, plaintiff demands judgment on the third count of this Complaint reforming plaintiff's mortgage to correct the Lot designation to read as Lot 1, Qualifier CG308. 3
By: The Amended Complaint is signed, Zucker, Goldberg & Ackerman, LLC Attorneys for Plaintiff Michael S. Ackerman, Esq. A Member of the Firm NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE JUDGMENTS JOINING MARGARET M. KOWALSKI, BY SELECTIVE INSURANCE, AS SUBROGEE AND CAVALRY PORTFOLIO SERVICES LLC ASSIGNEE OF CAVALRY SPV I LLC ASSIGNEE OF MITSUBISHI MOTORS CREDIT OF AMERICA ARE OF POOR QUALITY. Summons dated November 14, 2014 (See return of service for United States of America annexed hereto.) Affidavit of Publication (as to William T. Simmons, deceased, his/her/their heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest) RECEIVED (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY CERTIFICATION OF INQUIRY AS TO WILLIAM T. SIMMONS, DECEASED, HIS/HER, THEIR HEIRS, DEVISEES, AND PERSONAL REPRESENTATIVES, AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST FILED IN THIS ACTION. Certification of Mailing Amended Complaint RECEIVED April 16, 2015 (See copy annexed hereto.) 4
Certification of Inquiry, Mailing and Publication (as to Margaret M. Kowalski, by Selective Insurance, as Subrogee, his/her heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest) RECEIVED April 16, 2015 (See copy annexed hereto.) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRY AS TO MARGARET M. KOWALSKI, BY SELECTIVE INSURANCE, AS SUBROGEE, HIS/HER HEIRS, DEVISEES, ETC. Notice to State RECEIVED April 16, 2015 Service of the Notice to State and a copy of the Amended Complaint is acknowledged for the State of New Jersey on, day of,. Attorney General, by:. Certification of Mailing RECEIVED April 16, 2015 On November 14, 2014, a copy of the Summons and Amended Complaint was sent via certified and regular mail c/o The Attorney General of the United States of America, located at 950 Pennsylvania Avenue, NW, Washington, DC 20530. A copy of the 60 day Summons and a USPS Tracking receipt directed to the aforesaid defendant indicating delivery on November 19, 2014 annexed thereto. Notice of Motion for Entry of Default Filed April 16, 2015 Notice is directed to William T. Simmons, deceased, his heirs, devisees, etc., Bank of America, N.A., Margaret M. Kowalski, her heirs, devisees, etc., by Selective Insurance, as Subrogee, Cavalry Portfolio Services LLC assignee of Cavalry SPV I LLC assignee of Mitsubishi Motors Credit of America, State of New Jersey and United States of America. 5
Certification in Support of Order Permitting Entry of Default RECEIVED April 16, 2015 Certification of Mailing Notice of Motion for Entry of Default RECEIVED April 16, 2015 (See copy annexed hereto.) Order for Entry of Default Filed May 8, 2015 IT is on this 8th day of May, 2015 ORDERED that default is hereby entered against the defendants William T. Simmons, deceased, his heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest; Bank of America, N.A.; Cavalry Portfolio Services LLC assignee of Cavalry SPV I LLC assignee of Mitsubishi Motors Credit of America; State of New Jersey; United States of America. CLERK'S NOTATION: DEFAULT NOT ENTERED AGAINST MARGARET M. KOWALSKI BECAUSE NO PROPER SERVICE IS ON FILE. DEFAULT NOT ENTERED AGAINST BOA BECAUSE DEFENDANT IS AN ANSWERING PARTY. Default Filed May 8, 2015 6
Order for Entry of Default Filed June 10, 2015 IT is on this 10th day of June, 2015, ORDERED that default is hereby entered against the defendants Margaret M. Kowalski, by Selective Insurance, as Subrogeee. Default Filed June 10, 2015 Substitution of Attorney Filed August 24, 2015 Zucker, Goldberg & Ackerman, LLC do hereby consent to the substitution of Shapiro & DeNardo, LLC as Attorneys for Plaintiff. Notice of Motion to Reform Mortgage returnable May 13, 2016 Filed April 28, 2016 Notice is directed to William T. Simmons, deceased, his heirs, devisees, etc. at 15 Osprey, Unit B4, Building G3, Hackettstown, New Jersey 07840 and Bank of America, N.A. c/o Blank Rome LLP at 301 Carnegie Center, 3rd Floor, Princeton, New Jersey 08540. Certification in Support of Motion to Reform Mortgage RECEIVED April 28, 2016 (See copy annexed hereto.) Brief in Support of Motion to Reform Mortgage RECEIVED April 28, 2016 7
Proof of Mailing RECEIVED April 28, 2016 On April 27, 2016, a copy of the Notice of Motion, Certification of Counsel in Support, Proposed Form of Order and Proof of Mailing was sent via certified and regular mail to William T. Simmons, deceased, his heirs, devisees, etc. at 15 Osprey, Unit B4, Building G3, Hackettstown, New Jersey 07840 and Bank of America, N.A. c/o Blank Rome LLP at 301 Carnegie Center, 3rd Floor, Princeton, New Jersey 08540. Order Reforming the Mortgage Filed May 27, 2016 (See copy annexed hereto.) NOTE: WE FAIL TO FIND PROOF OF MAILING OF THE ORDER REFORMING THE MORTGAGE AS DIRECTED THEREIN. Notice of Motion Substituting Plaintiff Filed November 1, 2016 Notice is directed to William T. Simmons at 15 Osprey Unit B4, Building G3, Hackettstown, New Jersey 07840 and Bank of America c/o Blank Rome LLP at 301 Carnegie Center, 3rd Floor, Princeton, New Jersey 08540. Certification in Support of Motion Substituting Plaintiff RECEIVED November 1, 2016 (See copy annexed hereto.) 8
Proof of Mailing RECEIVED November 1, 2016 On November 1, 2016, a copy of the Notice of Motion, Certification of Counsel in Support, Proposed form of Order and Proof of Mailing was sent via lawyer service and/or certified and regular mail to William T. Simmons at 15 Osprey Unit B4, Building G3, Hackettstown, New Jersey 07840 and Bank of America c/o Blank Rome LLP at 301 Carnegie Center, 3rd Floor, Princeton, New Jersey 08540. Order Substituting Plaintiff Filed December 2, 2016 (See copy annexed hereto.) Dismissal Notice as to Mrs. William T. Simmons, wife of William T. Simmons Filed February 21, 2017 Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED February 23, 2017 Notice of Motion for Final Judgment Filed February 23, 2017 Notice is directed to William T. Simmons, deceased, his heirs, devisees, etc., Margaret M. Kowalski, by Selective Insurance, as Subrogee, State of New Jersey, United States of America, Calvary Portfolio Services LLC assignee of Cavalry SPV I LLC assignee of Mitsubishi Motors Credit of America, Bank of America and Tenant. 9
Proof of Mailing Notice of Motion for Final Judgment RECEIVED February 23, 2017 (See copy annexed hereto.) Mediation Program Notification Certification RECEIVED February 23, 2017 Certification sets forth that William T. Simmons executed the promissory note and, therefore, no mediation materials are required to have been served. Certification of Mailing RECEIVED February 23, 2017 On February 21, 2017, a copy of the Notice to Residential Tenants of Rights During Foreclosure was sent via certified and regular mail to Tenant at 15 Osprey, Unit B4, Building G3, Hackettstown, New Jersey 07840-2726. Certification of Non-Military Service RECEIVED February 23, 2017 Certification sets forth that William T. Simmons who executed thee promissory note is/are deceased and so no investigation of military service is required. Certification of Mailing RECEIVED February 23, 2017 On July 15, 2016, a copy of the filed default was sent via regular mail to each of the defendants at their last known address(es). 10
Certification of Mailing RECEIVED February 23, 2017 Certification sets forth that the borrower(s) who solely executed the promissory note is deceased and, therefore, notice, pursuant to Section 6 of the "Fair Foreclosure Act", N.J.S.A. 2A:50-58, of plaintiff's intent to submit proper proofs for entry of final judgment is not required to have been mailed. Certification in Support of Allowance of Costs and Fees RECEIVED February 23, 2017 Total fees requested $445.52. Certification of Proof of Amount Due RECEIVED February 23, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $135,320.32 on its mortgage together with interest to grow due thereon from December 29, 2016. The property described in the Complaint cannot be divided and should be sold as a single tract. Final Judgment Filed March 22, 2017 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $2,069.20. 11
Writ of Execution issued March 22, 2017 (Writ not as yet returned to Court.) Certification as to Proof of Mailing of Notice of Sale RECEIVED December 26, 2017 (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. 12
THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: June 29, 2018 GREATER ATLANTIC LEGAL SERVICES, INC. 1542 KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY 08619 Phone 800 345-4631 Fax 609 581-5604 www.greateratlanticlegal.com BA 13
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SWC F 005800-14 12/02/2016 Pg 1 of 2 Trans ID: CHC2016176320 Shapiro & DeNardo, LLC 14000 Commerce Parkway, Suite B Mount Laurel, NJ 08054 (856)793-3080 Chandra M. Arkema - 029552006 CXE 15-009617 WELLS FARGO BANK, N.A. PLAINTIFF, vs. WILLIAM T. SIMMONS, ET AL.; DEFENDANTS SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION WARREN COUNTY DOCKET NO: F-005800-14 CIVIL ACTION ORDER SUBSTITUTING PLAINTIFF THIS MATTER being opened to the court by Chandra M. Arkema of the firm of Shapiro & DeNardo, LLC, attorneys for Plaintiff, and the Court having considered the papers submitted herein and it appearing that the original Plaintiff in the within foreclosure action, Wells Fargo Bank, N.A., has assigned all its rights, title and interest in and to the Note and Mortgage referred to in the Complaint and which is the subject of the within foreclosure action, and that an Assignment of Mortgage has been recorded in the Warren County Clerk s Office in favor of the assignee, Nationstar Mortgage LLC, and said assignee being desirous of being substituted as Plaintiff in the within foreclosure action and for good cause appearing: IT IS ON THIS 2nd day of December 2016: ORDERED that Wells Fargo Bank, N.A. shall be and is hereby substituted as Plaintiff in the within foreclosure action and that the Complaint and all pleading in this action shall be changed and corrected to substitute Nationstar Mortgage LLC in the place of and instead of the original Plaintiff, Wells Fargo Bank, N.A. P.J.Ch.
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SWC F 005800-14 03/22/2017 Pg 1 of 3 Trans ID: CHC2017242815 CXE15-009617 Shapiro & DeNardo, LLC 14000 Commerce Parkway, Suite B Mount Laurel, NJ 08054 (856)793-3080 Chandra M. Arkema - 029552006 Krystin M. Alex - 171402015 Ujala Aftab - 034722011 Renée Pearl Cohen - 019362009 Katherine Knowlton Lopez - 013502011 Kathleen M. Magoon - 040682010 Donna L. Skilton - 013072007 Charles G. Wohlrab - 016592012 Rebecca Cirrinicione - 031212012 Courtney A. Martin - 098782016 Nationstar Mortgage LLC PLAINTIFF, vs. William T. Simmons, deceased, heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest; Bank of America, N.A.; Margaret M. Kowalski, by Selective Insurance, as Subrogee; Cavalry Portfolio Services LLC assignee of Cavalry SPV I LLC, assignee of Mitsubishi Motors Credit of America; State of New Jersey; United States of America; SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION WARREN COUNTY Docket No: F-005800-14 CIVIL ACTION FINAL JUDGMENT FOR FORECLOSURE DEFENDANTS Upon application of the Plaintiff and it appearing that the default of all defendants having been entered except as to the defendant(s) Bank of America, N.A. whom filed answers herein; and the Plaintiff's note and mortgage, and assignment, if any, having been presented and marked as exhibits by the court; And it appearing from the Certifications filed herein that there is due to the Plaintiff the sum of $135,320.32 on its mortgage described in the complaint together with interest at the contract rate of 6.5% on $112,970.74, the principal amount in default and advances made by Plaintiff, from December 30, 2016, to the date of Final Judgment and lawful interest thereafter on the total sum due Plaintiff, together
SWC F 005800-14 03/22/2017 Pg 2 of 3 Trans ID: CHC2017242815 with costs of this action to be taxed, raised and paid out of the mortgaged premises described in the complaint; And it appearing that the order and priority of the answering defendant(s) cannot be determined at this time and sufficient cause appearing; It is, on this 22 day of, March 2017, ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $135,320.32 together with interest at the contract rate of 6.5% on $112,970.74, the principal amount in default and advances made by Plaintiff, from December 30, 2016, to the date of Final Judgment, March 22, 2017 and lawful interest thereafter on the total sum due Plaintiff together with costs of this suit to be taxed, including a counsel fee of $ 1503.20 raised and paid out of the mortgaged premises described in the complaint. And it is further ORDERED AND ADJUDGED that so much of the said mortgage premises as will be sufficient to raise and satisfy the said mortgage, interest and costs of the Plaintiff be sold and that an execution do issue for that purpose out of this court directed to the Sheriff of the County of Warren commanding him to make sale according to law of so much of the mortgaged premises as will be sufficient to satisfy the said mortgage, interest and costs of the Plaintiff and that he pay out of the proceeds of sale to the Plaintiff or its attorneys, its debt, interest and costs and that in case there is a surplus, the same shall be brought into this court and deposited with the Clerk subject to the order of this court; and that the said Sheriff make his report to this court of the sale as required by the rules of the court. And it is further ORDERED AND ADJUDGED that the Plaintiff or Purchaser duly recover against the said defendant(s), William T. Simmons, deceased, heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest or any one holding under them possession of the premises mentioned and described in the said complaint with the
SWC F 005800-14 03/22/2017 Pg 3 of 3 Trans ID: CHC2017242815 appurtenances and that a Writ of Possession issue thereon. This judgment shall not affect the rights of any person protected by the New Jersey Tenant Anti-Eviction Act (NJSA 2A:18-61.1 et seq.). And it is further ORDERED AND ADJUDGED that all the defendants to this action and each of them stand absolutely debarred and foreclosed of and from all redemption of, in and to so much as the said mortgaged premises as shall be sold as aforesaid under this judgment except as provided by 28 U.S.C. Section 2410. Paul Innes, P.J. Ch.
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