GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT 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 2005-17 vs. Plaintiff, SHAKIL SUTTON; MRS. SUTTON, wife of Shakil Sutton; STATE OF NEW JERSEY Defendants, SUPERIOR COURT OF NEW JERSEY ESSEX COUNTY DOCKET NO. F-043056-14 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-129389 TITLE OFFICER
Complaint to Foreclose Filed October 14, 2014 Fein, Such, Kahn & Shepard, P.C., Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Shakil Sutton to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. to secure the sum of $206,700.00. Obligation and mortgage dated November 16, 2005. The mortgage was recorded in Essex County on November 23, 2005 in Book 10888, Page 124, et seq. THIS IS NOT A PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. The said Mortgage was assigned by Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc., acting solely as nominee for BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans, Inc., 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 2005-17, by Assignment dated April 9, 2011 and recorded on May 9, 2011 in Assignment Book 12311, Page 14, et seq. At the time Shakil Sutton executed the obligation and mortgage, his marital status was not known. The Deed does not set forth the martial status of Shakil Sutton at the time he acquired title to the mortgaged premises. Plaintiff believes Shakil Sutton was married subsequent to taking title to the property and executing the obligation and mortgage. Plaintiff cannot ascertain whether Shakil Sutton is married and in the event he married after executing plaintiff's mortgage, plaintiff is naming as a defendant, Mrs. Sutton, wife of Shakil Sutton as a party defendant by virtue of any interest whatsoever she may have acquired in the mortgaged premises subsequent to the execution of the obligation and mortgage by Shakil Sutton, including but not limited to any possessory or courtesy interest she may hold in the premises as the wife of Shakil Sutton, record owner. Title to the mortgaged premises is vested only in Shakil Sutton. 1
State of New Jersey is hereby made party defendant by reasons of judgments entered in the Superior Court of the State of New Jersey, the details of which are 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. 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. 2
By: The Complaint is signed, Fein Such Kahn and Shepard, PC Attorneys for Plaintiff Christopher Stead NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE JUDGMENTS JOINING THE STATE OF NEW JERSEY ARE OF POOR QUALITY. Summons dated October 15, 2014 (See return of service for Shakil Sutton annexed hereto.) NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE SUMMONS SERVED UPON SHAKIL SUTTON DOES NOT APPEAR TO CONFORM WITH RULE 4:4-2 IN THAT IT FAILS TO CONTAIN A LISTING BY COUNTY OF TELEPHONE NUMBERS OF THE LEGAL SERVICES OFFICE AND THE LAWYER REFERRAL OFFICE SERVING EACH COUNTY. Notice to State RECEIVED October 29, 2014 Service of the Notice to State and a copy of the Complaint is acknowledged for the State of New Jersey on October 17, 2014. John J. Hoffman, Acting Attorney General, by: Annette Smallacombe. Certification of Marital Status RECEIVED January 30, 2015 Certification sets forth that there are no curtesy/dower or other martial interests for the spouse of the defendant, Shakil Sutton. 3
Request and Certification of Default as to Shakil Sutton; State of New Jersey Filed January 30, 2015 Default Filed January 30, 2015 Notice of Dismissal as to Mrs. Sutton, wife of Shakil Sutton Filed January 30, 2015 Foreclosure Dismissal Warning (for Lack of Prosecution) Filed February 5, 2016 Attorney Certification in Response to Rule 4:64-8 Notice RECEIVED March 1, 2015 DENIED. CLERK'S NOTATION: CERTIFICATION DOES NOT SET FORTH EXCEPTIONAL CIRCUMSTANCES. Attorney Certification of Diligent Inquiry Pursuant to Rule 4:64-2(d) RECEIVED March 4, 2016 4
Certification of Clerical Error RECEIVED March 4, 2016 Certification sets forth that paragraph 2.1 of the Complaint inadvertently set forth "The Note and Mortgage in paragraph 1 & 2 above were prepared for the signature of Shakil Sutton and executed as Shakil R. Sutton" and whereas it should have set forth "The Note and Mortgage in paragraphs 1 & 2 above were prepared for the signature of Shakil R. Sutton and executed as Shakil Sutton". This is due to a clerical error. Notice of Motion for Entry of Final Judgment Filed March 4, 2016 Notice is directed to Shakil Sutton at 87 Borman Avenue, Avenel, New Jersey 07001 and 80 North Park Street, East Orange, New Jersey 07017 and State of New Jersey c/o Attorney General at 25 Market Street, P.O. Box 080, Trenton, New Jersey 08625. Certification of Mailing RECEIVED March 4, 2016 On April 2, 2015, a copy of the Section 6 of the Fair Foreclosure Act; and Filed Request and Certification of Default and/or Filed Order for Entry of Default was sent via certified and regular mail to Shakil Sutton at 87 Borman Avenue, Avenel, New Jersey 07001 and 80 North Park Street, East Orange, New Jersey 07017. On April 2, 2015, a copy of the Filed Request and Certification of Default and/or the Filed Order for Entry of Default was sent via regular mail to State of New Jersey c/o Attorney General at 25 Market Street, P.O. Box 080, Trenton, New Jersey 08625. On March 4, 2016, a copy of the Attorney Certification of Diligent Inquiry; Notice of Motion for Entry of Final Judgment; and Certification of Proof of Amount Due was sent via certified and regular mail to Shakil Sutton at 87 Borman Avenue, Avenel, New Jersey 07001 and 80 North Park Street, East Orange, New Jersey 07017 and State of New Jersey c/o Attorney General at 25 Market Street, P.O. Box 080, Trenton, New Jersey 08625. Certification by the attorney for plaintiff sets forth that neither the lender nor the office of the attorney for plaintiff received any statement from the debtor indicating that there was a likelihood that he would be able to provide payment necessary to cure the default. More than ten days have passed since receipt of the notice by the debtor. 5
Certification of Non-Military Service RECEIVED March 4, 2016 Certification sets forth that Shakil Sutton is not on active military duty. (Department of Defense Manpower Data Center reports annexed thereto.) Certification of Search Fees and Sheriff's Fees RECEIVED March 4, 2016 Total fees requested $806.94. Certification of Proof of Amount Due RECEIVED March 4, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $416,109.82. on its mortgage together with interest to grow due thereon from January 20, 2016. The property described in the Complaint cannot be divided and should be sold as a single tract. Final Judgment Filed April 8, 2016 (See copy annexed hereto.) Plaintiff s Costs $5,170.11. Writ of Execution issued April 8, 2016 and returned Sheriff's statement annexed thereto sets forth on December 20, 2016, the Sheriff of Essex County sold the mortgaged premises at public vendue to Chelkas Hasuda, LLC for the sum of $134,000.00. Affidavit of highest and best price annexed thereto. (See copy of Sheriff's statement annexed hereto.) 6
NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF A NOTICE OF SHERIFF'S SALE FILED IN THIS ACTION. Certificate of Mailing RECEIVED April 21, 2016 On April 21, 2016, a copy of the Final Judgment was sent via certified and regular mail to Shakil Sutton at 87 Borman Avenue, Avenel, New Jersey 07001 and 80 North Park Street, East Orange, New Jersey 07017 and State of New Jersey c/o Attorney General at 25 Market Street, P.O. Box 080, Trenton, New Jersey 08625. Substitution of Attorney Filed June 21, 2016 Fein, Such, Kahn & Shepard, PC do hereby consent to the substitution of KML Group, P.C. as Attorneys for Plaintiff. Answer submitted by Shakil Sutton RECEIVED BUT NOT FILED September 22, 2016 FINAL JUDGMENT ENTERED ON 4/8/2016 Notice of Motion for Default and to Quiet Title Filed January 18, 2017 Shakil Sutton, Pro Se Letter Memorandum and Certification in Opposition to Motion for Default and to Quiet Title RECEIVED February 16, 2017 7
Administrative Order Filed February 17, 2017 It is hereby ordered that the above captioned foreclosure matter is administratively transferred to Essex County to be reviewed by a judge. The basis for this administrative transfer is that on February 16, 2017, an objection was filed by the Defendant pursuant to Rule 4:64-9 contesting the foreclosure matter. Notice of Appearance Filed March 1, 2017 Winston & Strawn LLP, Attorneys for Plaintiff Order Filed June 13, 2017 Defendant's Motion to Quiet Title and Enter Default is hereby DENIED. Notice of Motion for Reconsideration Filed June 22, 2017 Shakil Sutton, Pro Se Letter Brief in Opposition to Motion for Reconsideration RECEIVED July 13, 2017 8
Order Denying Defendant's Motion to Reconsider Filed August 24, 2017 Prepared by the Court It is on this 24th day of August, 2017, ORDERED as follows: 1. Defendant's motion seeking reconsideration of the Court's June 13, 2017 order is hereby DENIED. Plaintiff shall serve a copy of this Order on all parties within seven days hereof. NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE ORDER DENYING DEFENDANT'S MOTION TO RECONSIDERAS DIRECTED THEREIN. 9
THIS CHANCERY ABSTRACT IS CERTIFIED TO MADISON TITLE AGENCY DATED: August 22, 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 dja 10
SWC F 043056-14 07/27/2017 Pg 1 of 6 Trans ID: CHC2017572757