GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC, Plaintiff, vs. ANGEL C. MURILLO, MRS. ANGEL C. MURILLO, HIS WIFE, MONICA MURILLO, MR. MURILLO, HUSBAND OF MONICA MURILLO, Defendants. SUPERIOR COURT OF NEW JERSEY MORRIS COUNTY DOCKET NO. F-040916-15 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to AMERICAN HOME TITLE AGENCY, INC. 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 # AHT-52370P TITLE OFFICER
Complaint to Foreclose Filed December 22, 2015 Phelan Hallinan Diamond & Jones, PC Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Angel C. Murillo and Monica Murillo to Mortgage Electronic Registration Systems Inc., as nominee for Countrywide Bank, N.A., its successors and assigns to secure the sum of $229,600.00. Obligation and mortgage dated January 30, 2006. The mortgage was recorded in Morris County on February 3, 2006 in Book 20197, Page 250. 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(s) more particularly set forth in the annexed copy of the Complaint. Mrs. Angel C. Murillo, his wife and Mr. Murillo, husband of Monica Murillo are made defendants 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 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 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 demands judgment against defendants except those persons protected under N.J.S.A. 2A:18-61.1, et seq: For possession of the said premises to plaintiff, its successors or assignee and/or the purchaser at a foreclosure sale; For damages for mesne profits; For costs.. By: The Complaint is signed, PHELAN HALLINAN DIAMOND & JONES, PC Attorneys for Plaintiff William Adam Aitken, Esq. 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 28, 2015 (See returns and/or acknowledgments of service for Monica Murillo and Angel C. Murillo annexed hereto.) 2
Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1 RECEIVED January 15, 2016 On January 14, 2016 a Notice to Residential Tenants of Rights During Foreclosure was mailed by regular and certified mail to each Tenant and Inquilino, 138 White Meadow Road, Rockaway, NJ 07866-1105. Notice of Partial Dismissal as to Mr. Murillo, husband of Monica Murillo and Mrs. Angel C. Murillo Filed January 29, 2016 Request and Certification of Default as to Angel c. Murillo and Monica Murillo Filed March 17, 2016 Default Filed March 17, 2016 Proof of Mailing RECEIVED March 25, 2016 On March 23, 2016 a copy of the filed default was mailed to each of the defendants at the addresses where they were served with summons and complaint. Certification of Mailing RECEIVED April 25, 2016 On April 8, 2016 a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Angel C. Murillo and Monica Murillo at the following address: 138 White Meadow Road, Rockaway, NJ 07866-1105. 3
More than ten days have passed since receipt of the notice by the debtors. Rule 4:64-2(d) Certification of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED August 11, 2016 Certifications of Non-Military Service RECEIVED August 23, 2016 Angel C. Murillo and Monica Murillo are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Certification of Mailing RECEIVED August 23, 2016 On April 8, 2016 a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each Angel C. Murillo and Monica Murillo at the following address: 138 White Meadow Road, Rockaway, NJ 07866-1105. More than ten days have passed since receipt of the notice by the debtors. Notice of Motion for Entry of Judgment Filed August 23, 2016 The Notice of Motion for Entry of Judgment is directed to Angel C. Murillo and Monica Murillo. Certification in Support of Service Pursuant to R 4:64-1(D) RECEIVED August 23, 2016 On August 15, 2016 a copy of the Notice of Motion for Entry of Judgment, 4
Certification of Amount Due and Certification of Due Diligence was mailed to each Angel C. Murillo and Monica Murillo at the following address: 138 White Meadow Road, Rockaway, NJ 07866-1105. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION OF SERVICE OF THE NOTICE OF MOTION FOR ENTRY OF JUDGMENT DOES NOT SPECIFY THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL. NOTE: WE FAIL TO FIND ANY CERTIFICATION THAT NOTICE OF FORECLOSURE MEDIATION AVAILABILITY WAS SERVED WITH SUMMONS AND COMPLAINT FILED, PURSUANT TO COURT ORDER OF FEBRUARY 27, 2013 FILED IN THIS ACTION. Certification of Search Fees RECEIVED August 23, 2016 Total fees requested $717.00 Proof of Amount Due and Schedule RECEIVED August 23, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $352,240.55 on its mortgage together with interest to grow due thereon from August 2, 2016. (See copy annexed hereto.) Final Judgment Filed September 21, 2016 (See copy annexed hereto.) 5
Plaintiff s Costs $4,479.41 Writ of Execution issued September 21, 2016 Amended Writ of Execution issued and returned September 21, 2016 Report of Sale annexed thereto. The Sheriff of Morris County reports that on July 27, 2017 he sold the mortgaged premises to plaintiff for the sum of $100.00, it being the highest bidder. NOTE: THE REPORT OF SALE FAILS TO SET FORTH THAT THE MORTGAGED PREMISES WERE SOLD AT PUBLIC VENDUE. Proof of Mailing RECEIVED November 15, 2016 On September 28, 2016 a copy of the filed Final Judgment was mailed by regular and certified mail to each Angel C. Murillo and Monica Murillo at the following address: 138 White Meadow Road, Rockaway, NJ 07866-1105. Certification of Proof of Mailing RECEIVED February 22, 2017 On February 21, 2017 a Notice of Sheriff's Sale was mailed by regular and certified mail to each Angel C. Murillo and Monica Murillo at the following address: 138 White Meadow Road, Rockaway, NJ 07866-1105. Appearance entered for Plaintiff's Assignee MTGLQ L.P. RECEIVED November 17, 2017 Milstead & Associates, LLC, Attorneys 6
Assignment of Bid to MTGLQ Investors, L.P. RECEIVED November 17, 2017 Certification of Non Military Service or Inability to Ascertain Military Status RECEIVED November 17, 2017 Writ of Possession issued and returned November 22, 2017 Certification in Support of Writ of Possession annexed thereto. Affidavit of Service by the Morris County Sheriff annexed thereto sets forth that the house was turned over to Ben Kyle (locksmith) from Greenscapes Landscape LLC without any incident. Emergent Application for Stay of Eviction by Angel C. Murillo RECEIVED January 3, 2018 Order Filed January 9, 2018 The stay is denied. 7
THIS CHANCERY ABSTRACT IS CERTIFIED TO AMERICAN HOME TITLE AGENCY, INC. DATED: July 10, 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 8
SWC F 040916-15 01/19/2018 Pg 6 of 6 Trans ID: CHC201836005