GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT THE BANK OF NEW YORK MELLON fka The Bank of New York, as Trustee, for the Benefit of the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-33CB Mortgage Pass-Through Certificates, Series 2005-33CB; vs. Plaintiff, DOUGLAS E. SAIN; TARA M. SAIN, husband and wife; WELLS FARGO BANK, N.A.; Defendants, SUPERIOR COURT OF NEW JERSEY OCEAN COUNTY DOCKET NO. F-022184-16 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to TWO RIVERS TITLE COMPANY, 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 # TRT-11793 TITLE OFFICER
Complaint to Foreclose Filed August 10, 2016 Fein, Such, Kahn & Shepard, P.C., Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Douglas E. Sain and Tara M. Sain to Mortgage Electronic Registration Systems, Inc., as nominee for American Mortgage Network, Inc., a Delaware Corporation to secure the sum of $236,000.00. Obligation and mortgage dated April 22, 2005. The mortgage was recorded in Ocean County on April 27, 2005 in Book 12586, Page 35, et seq. THIS IS A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. The mortgage was subsequently assigned to plaintiff by assignment more particularly set forth in the annexed copy of the Complaint. Wells Fargo Bank, N.A. is made a defendant for reasons more particularly set forth in the annexed copy of the 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, Plaintiff and/or its assignee 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; Appointing a receiver of rents, issues and profits of the lands described above. 1
SECOND COUNT By the terms of the obligation and mortgage, plaintiff is entitled to possession of the premises described in the First Count. The plaintiff and/or its assignee became entitled to possession of the premises described in the First Count. The defendants have or may claim to have certain rights in the premises and have deprived the plaintiff of possession of the premises aforesaid. WHEREFORE, Plaintiff or its assignee or the successful purchaser at Sheriff s Sale demands judgment against the defendants: For possession of said premises; For damages for mesne profits; For costs. By: The Complaint is signed, Fein Such Kahn and Shepard, PC Attorneys for Plaintiff Dolores M. DeAlmeida Summons dated August 19, 2016 (See returns of service for Douglas E. Sain, Tara M. Sain and Wells Fargo Bank, N.A. annexed hereto.) NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE SUMMONS SERVED UPON DOUGLAS E. SAIN AND TARA M. SAIN DOES NOT APPEAR TO CONFORM WITH RULE 4:4-2 IN THAT IT FAILS TO CONTAIN A CURRENT LISTING BY COUNTY OF TELEPHONE NUMBERS OF THE LEGAL SERVICES OFFICE AND THE LAWYER REFERRAL OFFICE SERVING EACH COUNTY. 2
NON-CONTESTING Answer Entered for Wells Fargo Bank, N.A. Filed September 16, 2016 Reed Smith LLP, Attorneys for Defendant, Wells Fargo Bank, N.A. Request and Certification of Default as to Douglas E. Sain; Tara M. Sain, husband and wife Filed September 30, 2016 Default Filed September 30, 2016 Attorney Certification of Diligent Inquiry Pursuant to Rule 4:64-2(d) RECEIVED July 13, 2017 Notice of Motion for Entry of Final Judgment Filed July 13, 2017 Notice is directed to each Douglas E. Sain and Tara M. Sain at 107 Joanna Drive, Toms River, New Jersey 08753 and 237 Aldo Drive, Toms River, New Jersey 08753 and Wells Fargo Bank, N.A. c/o Reed Smith LLP at 136 Main Street, Suite 250, Princeton, New Jersey 08540. Certification of Mailing Pleadings for Entry of Final Judgment RECEIVED July 13, 2017 (See copy annexed hereto.) 3
Certification of Non-Military Service RECEIVED July 13, 2017 Certification sets forth that Douglas E. Sain and Tara M. Sain are not on active military duty. (Department of Defense Manpower Data Center reports annexed thereto.) Certification of Search Fees and Sheriff's Fees RECEIVED July 13, 2017 Total fees requested $951.33. Certification of Amount Due RECEIVED July 13, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $258,918.76 on its mortgage together with interest to grow due thereon from June 17, 2017. The property described in the Complaint cannot be divided and should be sold as a single tract. Certification of Tatiana Cespedes RECEIVED July 13, 2017 Certification sets forth that the Township of Toms River was formerly known as Dover. Final Judgment Filed August 7, 2017 (See copy annexed hereto.) 4
Plaintiff s Costs $3,740.52. Writ of Execution issued August 7, 2017 (Writ not as yet returned to Court.) Certificate of Mailing RECEIVED August 14, 2017 On August 14, 2017, a copy of the filed Final Judgment was sent via certified and regular mail to each Douglas E. Sain and Tara M. Sain at 107 Joanna Drive, Toms River, New Jersey 08753 and 237 Aldo Drive, Toms River, New Jersey 08753 and Wells Fargo Bank, N.A. c/o Reed Smith LLP at 136 Main Street, Suite 250, Princeton, New Jersey 08540. Certificate of Mailing RECEIVED May 22, 2018 On May 22, 2018, a copy of the Notice of Sheriff's Sale was sent via certified and regular mail to each Douglas E. Sain and Tara M. Sain at 107 Joanna Drive, Toms River, New Jersey 08753 and Wells Fargo Bank, N.A. c/o Reed Smith LLP at 136 Main Street, Suite 250, Princeton, New Jersey 08540. LAST ENTRY 5
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. 6
THIS CHANCERY ABSTRACT IS CERTIFIED TO TWO RIVERS TITLE COMPANY, LLC DATED: July 12, 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 7
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SWC-F-022184-16 07/13/2017 5:14:42 PM Pg 1 of 3 Trans ID: CHC2017540308 FEIN, SUCH, KAHN & SHEPARD, P.C. TATIANA CESPEDES-009712013 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-9300 263VRU/AM Attorney for Plaintiff THE BANK OF NEW YORK MELLON SUPERIOR COURT OF NEW JERSEY FKA THE BANK OF NEW YORK, AS CHANCERY DIVISION- TRUSTEE, FOR THE BENEFIT OF OCEAN COUNTY THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN DOCKET NO.: F-22184-16 TRUST 2005-33CB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES CIVIL ACTION 2005-33CB Plaintiff CERTIFICATION OF MAILING vs. PLEADINGS FOR ENTRY OF FINAL JUDGMENT DOUGLAS E. SAIN, et als. Defendant TATIANA CESPEDES hereby certifies: 1. I am an associate with the law firm of Fein, Such, Kahn & Shepard, P.C., Counselors at Law for THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE, FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-33CB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2005-33CB, the Plaintiff in the above entitled matter. 2. On December 19, 2016, this office did cause to be mailed the following by Certified Mail, Return Receipt Requested, and by Regular Mail to the following individuals: DOUGLAS E. SAIN 107 JOANNA DRIVE TOMS RIVER, NJ 08753 DOUGLAS E. SAIN 237 ALDO DRIVE TOMS RIVER, NJ 08753
SWC-F-022184-16 07/13/2017 5:14:42 PM Pg 2 of 3 Trans ID: CHC2017540308 TARA M. SAIN 107 JOANNA DRIVE TOMS RIVER, NJ 08753 TARA M. SAIN 237 ALDO DRIVE TOMS RIVER, NJ 08753 A. 14 day letter pursuant to Section 6 of the Fair Foreclosure Act NJSA 2A: 50-58; and B. Filed Request and Certification of Default and/or the filed Order for Entry of Default. 3. On July 13, 2017, this office did cause to be mailed the following by Certified Mail, Return Receipt Requested, and by Regular Mail to the following individuals: DOUGLAS E. SAIN 107 JOANNA DRIVE TOMS RIVER, NJ 08753 DOUGLAS E. SAIN 237 ALDO DRIVE TOMS RIVER, NJ 08753 TARA M. SAIN 107 JOANNA DRIVE TOMS RIVER, NJ 08753 TARA M. SAIN 237 ALDO DRIVE TOMS RIVER, NJ 08753 WELLS FARGO BANK, N.A. C/O REED SMITH LLP 136 MAIN STREET, SUITE 250 PRINCETON, NJ 08540 A. Attorney Certification of Diligent Inquiry pursuant to Rule 4:64-2(d); B. Notice of Motion for Entry of Final Judgment; and C. Certification of Proof of Amount Due.
SWC-F-022184-16 07/13/2017 5:14:42 PM Pg 3 of 3 Trans ID: CHC2017540308 4. On July 13, 2017, this office did caused to be mailed the following by Certified Mail, Return Receipt Requested, and by Regular Mail to the following individuals: TENANT 237 ALDO DRIVE TOMS RIVER, NJ 08753 A. Notice to Residential Tenants of Rights During Foreclosure; and B. Notice of Motion for Entry of Final Judgment. 5. More than (10) ten days has elapsed since receipt by the debtors of the Notice to Cure pursuant to the terms of the Fair Foreclosure Act. 6. As of today's date, neither this office nor the servicer has received a written statement from the debtors certifying that there is a reasonable likelihood that he/she/they will be able to provide payment necessary to cure the default within forty five (45) days of the date of the notice that was sent to him/her/them. 7. Pursuant to the Amended Court Rules, effective April 1, 2013, mediation papers were provided to the borrowers upon service of the Summons and Complaint and/or Amended Complaint. 8. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: July 13, 2017 By: S/Tatiana Cespedes TATIANA CESPEDES 263VRU
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SWC F 022184-16 08/07/2017 Pg 1 of 4 Trans ID: CHC2017595684 FEIN, SUCH, KAHN & SHEPARD, P.C. TATIANA CESPEDES-009712013 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-9300 263VRU/AM Attorney for Plaintiff THE BANK OF NEW YORK MELLON SUPERIOR COURT OF NEW JERSEY FKA THE BANK OF NEW YORK, AS CHANCERY DIVISION- TRUSTEE, FOR THE BENEFIT OF OCEAN COUNTY THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN DOCKET NO.: F-22184-16 TRUST 2005-33CB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES CIVIL ACTION 2005-33CB Plaintiff FINAL JUDGMENT vs. DOUGLAS E. SAIN, et als. Defendant This matter being opened to the Court by the Law Firm of Fein, Such, Kahn & Shepard, PC, attorneys for Plaintiff, and it appearing that service of the Summons and Complaint, and Amended Complaint, if any, have been duly issued and returned served upon the following Defendants, who have filed an answer, which does not dispute the priority or validity of the Plaintiff's Mortgage; WELLS FARGO BANK, N.A. And it further appearing that service of the Complaint and Amendment to Complaint, has been made upon the following Defendants, in accordance with the Rules of this Court, and default having been entered against said Defendants, and it appearing DOUGLAS E. SAIN AND TARA M. SAIN, HUSBAND AND WIFE and the Plaintiff's obligation, mortgage and assignments of
SWC F 022184-16 08/07/2017 Pg 2 of 4 Trans ID: CHC2017595684 mortgage having been presented and marked as exhibits by the Court, and proofs having been submitted of the amount due on Plaintiff's mortgage, and sufficient cause appearing; IT IS on this 7th day of August, 2017, ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $258,918.76 together with interest at the contract rate of 6.3750% on $231,688.43 being the principal sum in default, including advances, if any, from June 17, 2017, to August 7, 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 $ 2739.19 raised and paid in the first place out of the mortgaged premises; and it is further ORDERED AND ADJUDGED that in the second place that the Defendant, WELLS FARGO BANK, N.A., is entitled to have the sum of $ together with interest at the contract rate of % on being the principal sum in default including advances, if any, from to and lawful interest thereafter together with said Defendant's costs of suit to be taxed, raised and paid out of the mortgaged premises; and it is further ORDERED that the Plaintiff duly recover against the following Defendants: DOUGLAS E. SAIN AND TARA M. SAIN, HUSBAND AND WIFE and all parties holding under said Defendants, the possession of the premises mentioned and described in the said Complaint, and
SWC F 022184-16 08/07/2017 Pg 3 of 4 Trans ID: CHC2017595684 Amendment to Complaint, if any, with the appurtenances; 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 Plaintiff, the sum of $258,918.76 together with contract rate and lawful interest thereon to be computed as aforesaid with the plaintiff's costs to be taxed, with lawful interest thereon, and in the second place, to the Defendant, WELLS FARGO BANK, N.A., the sum of $ together with contract and lawful interest thereon to be computed as aforesaid with the defendant's costs to be taxed, with lawful interest thereon, and that an execution for that purpose be duly issued out of this Court directed to the Sheriff of OCEAN County, commanding him to make sale according to law of the mortgaged premises described in the Complaint and Amended Complaint, if any, and out of the monies arising from said sale, that said Sheriff or any other Court appointed officer, attorney or special master 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 the second place, to pay the Defendant, WELLS FARGO BANK, N.A., defendant s debt with interest thereon as aforesaid and said parties costs with interest thereon as aforesaid, and in case more money shall be realized by the said sale then shall be sufficient to satisfy such several payments as aforesaid, that such surplus be brought into this Court to abide the further
SWC F 022184-16 08/07/2017 Pg 4 of 4 Trans ID: CHC2017595684 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 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, 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.8.A. 2A:18-61.1, et seq., the right of redemption given the United States under 28 US. 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 NJ.S.A. 46:8B-21 or rights afforded by the Service Members Civil Relief Act, 50 US. C. App. 501 et seq. or N.J.S.A 38:23C-4.