GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT ONEWEST BANK, FSB, vs. Plaintiff, RITA A. CAMPBELL, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, JANINE BRYANT, VINCENT CAPPELLO, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, NEW CENTURY FINANCIAL SERVICES, CAVALRY PORTFOLIO SERVICES LLC, on behalf of Cavalry Spv II on behalf of Conseco, DREXEL UNIVERSITY, STATE OF NEW JERSEY, UNITED STATES OF AMERICA, Defendants. SUPERIOR COURT OF NEW JERSEY CAMDEN COUNTY DOCKET NO. F-000866-13 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to DATE TRACE AND BRIGHTLINE TITLE 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. TITLE OFFICER YOUR REFERENCE # BRIGHTLINEBNJ18-70738
Complaint to Foreclose Filed January 9, 2013 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff Summons dated January 30, 2013 (See returns of service for New Century Financial Services, United States of America - NJ annexed hereto.) Notice to State RECEIVED February 8, 2013 (See copy annexed hereto.) Amended Complaint to Foreclose Filed May 30, 2013 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff Amended Complaint to Foreclose Filed July 9, 2013 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff 1
Second Amended Complaint to Foreclose Filed August 14, 2013 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff FIRST COUNT Second Amended Complaint filed to foreclose mortgage made and executed by Rita A. Cappello to Financial Freedom Senior Funding Corporation, A Subsidiary of Indy Mac Bank FSB to secure the sum of $439,027.50. Obligation and mortgage dated May 11, 2007. The mortgage was recorded in Camden County on July 12, 2007 in Book 08603, Page 1280 et seq. THIS IS A NON-PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE SECOND AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. By virtue of assignment(s) more particularly set forth in the annexed copy of the Complaint, the mortgage was assigned to the Plaintiff. Upon information and belief, Rita A. Campbell passed away on April 6, 2011. Rita A. Campbell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, Janine Bryant, Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, New Century Financial Services, Cavalry Portfolio Services, LLC on behalf of Cavalry Spv II on behalf of Conseco, Drexel University, State of New Jersey and United States of America are made defendant(s) for reasons more particularly set forth in the annexed copy of the Complaint. By virtue of a default in accordance with the terms of the 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. 2
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 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 Complaint annexed hereto. THIRD COUNT The mortgage described in the First Count incorrectly states the street address of the property as Hillcroft Drive when it should be designated as Hillcroft Lane as set forth in Schedule A. WHEREFORE, plaintiff demands judgment: Ordering that the property description contained in the mortgage be reformed and corrected to read as set forth in Schedule A annexed thereto; and for any other relief the Court deems necessary. By: The Second Amended Complaint is signed, Frenkel Lambert Weiss Weisman & Gordon, LLP Attorneys for Plaintiff Naser Selmanovic, Esq. 3
Foreclosure Dismissal Warning Notice RECEIVED August 15, 2014 Notice of Motion for Entry of Default FILED August 29, 2014 Notice is directed to Rita A. Campbell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, Janine Bryant, Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, New Century Financial Services, Calvary Portfolio Services, LLC on behalf of Cavalry Spv II on behalf of Conseco, Drexel University, State of New Jersey and United States of America. Proof of Service RECEIVED August 29, 2014 On August 29, 2014, a copy of the Notice of Motion, Proposed Order and Supporting Certification was sent to defendants at the addresses at which they were served with process. (See copy annexed hereto.) Certification of Mailing of Second Amended Complaint RECEIVED August 29, 2014 (See copy annexed hereto.) Certification of Publication, Affidavit of Publication and Notice to Absent Defendant as to Rita A. Campbell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest RECEIVED August 24, 2014 (See copy annexed hereto.) 4
Certification of Inquiry Regarding Service of Summons and Complaint on Rita A. Campbell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest RECEIVED August 24, 2014 Certification of Publication, Affidavit of Publication and Notice to Absent Defendant as to Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest RECEIVED August 24, 2014 (See copy annexed hereto.) Certification of Inquiry Regarding Service of Summons and Complaint on Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest RECEIVED August 24, 2014 Certification of Publication, Affidavit of Publication and Notice to Absent Defendant as to Cavalry Portfolio Services LLC on behalf of Cavalry Spv II on behalf of Conseco RECEIVED August 24, 2014 (See copy annexed hereto.) Certification of Inquiry Regarding Service of Summons and Complaint on Cavalry Portfolio Services LLC on behalf of Cavalry Spv II on behalf of Conseco RECEIVED August 24, 2014 5
Certification of Inquiry Regarding Service of Summons and Complaint on Janine Bryant RECEIVED August 24, 2014 (See copy annexed hereto.) Affidavit as to Lost Return Receipt Card RECEIVED August 24, 2014 Certification sets forth plaintiff s counsel is unable to locate the return receipt card or unclaimed envelope that was sent to defendant Janine Bryant. Certification of Inquiry Regarding Service of Summons and Complaint on Drexel University RECEIVED August 24, 2014 (See copy annexed hereto.) Certification of Mailing Summons and Complaint to United States of America - DC RECEIVED August 24, 2014 (See copy annexed hereto.) Certification in Support of Motion to Enter Default RECEIVED August 24, 2014 Order Permitting Entry of Default FILED October 24, 2014 (See copy annexed hereto.) 6
Notice of Dismissal as to Mr. Bryant, husband of Janine Bryant and Mrs. Vincent Cappello, his wife Filed March 9, 2015 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED March 9, 2015 Notice of Motion for Final Judgment Filed March 9, 2015 The Notice of Motion for Final Judgment is directed to Rita A. Campbell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, Janine Bryant, Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, New Century Financial Services, Calvary Portfolio Services, LLC on behalf of Cavalry Spv II on behalf of Conseco, Drexel University, State of New Jersey and United States of America. Proof of Service of Notice of Motion for Final Judgment RECEIVED March 9, 2015 On March 9, 2015, 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 defendants at the addresses at which they were served with process. (See copy annexed hereto.) Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED March 9, 2015 Rita A. Campbell and Vincent Cappello, are deceased and therefore not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Plaintiff was unable to ascertain the military status of Janine Bryant due to lack of a social security number. 7
Certification Regarding Non-Mailing of Mediation Forms RECEIVED March 9, 2015 Certification of plaintiff s counsel sets forth mediation documents were not sent as the mortgagor is deceased. Proof of Mailing RECEIVED March 9, 2015 On December 23, 2014, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. Attorney Certification RECEIVED March 9, 2015 Certification of plaintiff s counsel sets forth Rita A. Campbell is in default due to Move-Out. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED March 9, 2015 On January 21, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Rita A. Campbell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, and Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest at 5 Hillcroft Lane, Cherry Hill, New Jersey 08034 and Janine Bryant, 18 Woodsedge Road, Norristown, Pennsylvania 19403. More than 10 days have passed since receipt by the debtor and no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification/Affidavit of Costs/Search Fees RECEIVED March 9, 2015 Total fees requested $1,093.36. 8
Certification/Affidavit of Amount Due RECEIVED March 9, 2015 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $415,289.96 on its mortgage together with interest to grow due thereon from February 3, 2015. (See copy annexed hereto.) Final Judgment Filed August 24, 2015 (See copy annexed hereto.) Plaintiff s Costs $5,426.23. Writ of Execution issued August 24, 2015 NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Certification/Affidavit of Mailing RECEIVED October 11, 2016 On September 28, 2016, a Notice of Sheriff's Sale was mailed by regular and certified mail to Rita A. Campbell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, 5 Hillcroft Lane, Cherry 9
Hill, New Jersey 08034; State of New Jersey, 25 West Market Street, P.O. Box 080, Trenton, New Jersey 08625; Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, 5 Hillcroft Lane, Cherry Hill, New Jersey 08034; and United States of America, Office of th the Attorney General, 10 Street N.W. & Constitution Avenue, Washington, D.C. 20530 and Office of the Attorney General District of New Jersey, 970 Broad Street, Newark, New Jersey 07102. NOTE: WE FAIL TO FIND ANY REPORT OF SALE WAS FILED IN THIS ACTION. Alias Writ of Execution issued November 10, 2016 Consent Order Vacating Sale and Authorizing Release of Sheriff s Sale Deposit RECEIVED November 14, 2016 (See copy annexed hereto.) Alias Writ of Execution issued March 8, 2017 Notice of Appearance RECEIVED July 25, 2017 An appearance was entered by the Law Offices of Ronald DeSimone on behalf of the property owner, First State Properties, LLC. 10
Notice of Motion to Set Aside Sheriff s Sale RECEIVED July 25, 2017 Notice is directed to Sheriff, Camden County. Certification in Support of Motion to Set Aside Sheriff s Sale RECEIVED July 25, 2017 Certification sets forth there were undisclosed liens and taxes on the subject property and that First State Properties, LLC was unaware of as they were not disclosed in the notice of sheriff s sale nor were they announced at time of sale. Proof of Mailing RECEIVED July 25, 2017 On July 25, 2017, a copy of the Notice of Motion, Attorney s Certification and Order were sent via regular mail to the Camden County Sheriff s Office at 520 Market Street, Camden, New Jersey 08103 and Naser Selmanovic, Frenkel, Lambert, Weiss, Weisman & Gordon, attorneys for plaintiff, at 80 Main Street, Suite 460, West Orange, New Jersey 08052. Plaintiff s Opposition to the Notice of Motion to Set Aside Sheriff s Sale RECEIVED August 24, 2017 Administrative Order Transferring Matter to a Vicinage RECEIVED August 25, 2017 Supplemental Attorney s Certification RECEIVED August 28, 2017 Certification of counsel for First State Properties, LLC in response to plaintiff s opposition. 11
Order Setting Aside Sheriff s Sale RECEIVED September 6, 2017 (See copy annexed hereto.) Certification of Mailing Notice of Sheriff s Sale RECEIVED May 14, 2018 On March 2, 2018, a copy of the Notice of Sheriff s Sale was sent via regular mail to defendants at the addresses at which they were served with process. (See copy annexed hereto.) 12
THIS CHANCERY ABSTRACT IS CERTIFIED TO BRIGHTLINE TITLE and DATA TRACE DATED: September 17, 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 RJG 13
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SWC-F-000866-13 05/14/2018 12:37:41 PM Pg 1 of 14 Trans ID: CHC2018265557 FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP 80 Main Street, Suite 460 West Orange, NJ 07052 (973) 325-8800 Attorneys for Plaintiff OneWest Bank FSB Attorney Court ID:016552011 Attorney: Kacie W. Brown, Esq. Our File No. 03-008849-F01 OneWest Bank FSB, Plaintiff, Superior Court of New Jersey Chancery Division Camden County vs. Rita A. Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title, and interest, et als.; Civil Action Docket No.: F-000866-13 CERTIFICATION OF MAILING NOTICE OF SHERIFF S SALE Defendants. Hasael Paulino does hereby certify: 1. I am employed by the firm of FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP, attorneys for the plaintiff in the above entitled action, and I am familiar with the files and records of the said action. 2. On March 2, 2018, I did mail a copy of the Notice of Sheriff's Sale and Certification of Diligent Inquiry by first class mail, with required postage thereon to: Rita A. Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title, and interest 5 Hillcroft Lane Cherry Hill, NJ 08034 New Century Financial Services 110 South Jefferson Road Whippany, NJ 07981
SWC-F-000866-13 05/14/2018 12:37:41 PM Pg 2 of 14 Trans ID: CHC2018265557 Cavalry Portfolio Services LLC on behalf of Cavalry Spv II on behalf of Conseco C/O Anne M. Thomas, Esq. PO Box 1030 Hawthrone, NY 10532 State of New Jersey 25 West Market Street P.O. Box 971 Trenton, NJ 08625 United States of America Office of the Attorney General Department of Justice 10th Street N.W. & Constitution Avenue Washington, DC 20530 Janine Bryant 18 Woodsedge Road Norristown, PA 19403 Vincent Cappello, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title, and interest 5 Hillcroft Lane Cherry Hill, NJ 08034 Drexel University 32nd and Chestnut Street Philadelphia, PA 19104 United States of America Office of the Attorney General District of New Jersey 970 Broad Street Newark, NJ 07102 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: May 14, 2018