GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT OCEANFIRST BANK vs. Plaintiff, MARIA A. ROIG; MR. ROIG, husband of maria roig; UNITED STATES OF AMERICA; HOLIDAY CITY SOUTH HOMEOWNERS CORPORATION; STATE OF NEW JERSEY Defendants, SUPERIOR COURT OF NEW JERSEY OCEAN COUNTY DOCKET NO. F-034955-15 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to DATATRACE 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. YOUR REFERENCE # BRIGHTLINEBNJ18-70616 TITLE OFFICER
Complaint to Foreclose Filed October 22, 2015 McCabe, Weisberg & Conway, PC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Maria A. Roig to OceanFirst Bank to secure the sum of $172,500.00. Obligation and mortgage dated July 01, 2010. The mortgage was recorded in Ocean County on July 12, 2010 in Book 14638, Page 1541. This is a Non Purchase Money Mortgage. A COMPLETE COPY OF THE 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. Mr. Roig, husband of Maria A. Roig; Holiday City South Homeowners Corporation; United States of America and State of New Jersey is/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 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; Such other and further relief as may be set forth in the demand for judgment included on the annexed copy of the Complaint. 1
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. By: The Complaint is signed, McCabe, Weisberg & Conway, PC Attorneys for Plaintiff McCabe, Weisberg and Conway, PC Summons dated October 27, 2015 (See return(s) and/or acknowledgment(s) of service for United States of America, NJ; Holiday City South Homeowners Corporation annexed hereto.) Notice of Motion for an Order Appointing a Guardian Ad Litem for a Minor Defendant Filed September 02, 2016 Notice is directed to, Maria A. Roig, Incompetent. Proof of Mailing RECEIVED September 02, 2016 (See copy annexed hereto) Certification in Support of Order Appointing Guardian Ad Litem RECEIVED September 02, 2016 2
Order Appointing Guardian Ad Litem Filed September 30, 2016 IT IS on this 30th day of September, 2016; ORDERED AND ADJUDGED that, John Palitto, Esq. be and he is hereby appointed as Guardian Ad Litem for the minor Defendant, Maria A. Roig, Incompetent, to represent and defend this action on behalf of such defendant; and it is further ORDERED AND ADJUDGED that a copy of this Order shall be served on the said Guardian Ad Litem within 7 days of the date of the Plaintiff's attorney receipt of same. Non-Contesting Answer Entered for Defendant(s), Maria A. Roig RECEIVED November 30, 2016 John J. Palitto. Jr., Esquire, Court Appointed Guardian Ad Litem for Maria A. Roig Proof of Mailing as to, United States of America, NJ RECEIVED March 07, 2017 (See copy annexed hereto) Notice to State RECEIVED March 07, 2017 Service of the Notice to State and a copy of the Complaint is acknowledged for the State of New Jersey by Ellen Seitz, on behalf of the Attorney General on October 30, 2015. (See copy annexed hereto) NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE JUDGMENTS JOINING THE STATE OF NEW JERSEY ARE NOT ATTACHED TO OR LISTED ON THE NOTICE. 3
Notice of Dismissal as to Mr. Roig, husband of Maria A. Roig Filed March 07, 2017 Notice of Motion for Entry of Default Out of Time RECEIVED March 07, 2017 Notice is directed to, Maria A. Roig c/o John J. Palitto. Jr., Esquire; United States of America; Holiday City South Homeowners Corporation and State of New Jersey. Proof of Mailing of Notice of Motion for Entry of Default Out of Time RECEIVED March 07, 2017 (See copy annexed hereto) Certification in Support of Motion to Enter Default RECEIVED March 07, 2017 Order Entering Default Filed March 28, 2017 It is on this 28th day of March, 2017, ORDERED that Default be entered against United States of America, Holiday City South Homeowners Corporation and State of New Jersey for failing to answer or otherwise defend in accordance with the rules governing civil practice in the Courts. 4
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED May 12, 2017 Notice of Motion for Final Judgment RECEIVED May 12, 2017 The Notice of Motion for Final Judgment is directed to, Maria A Roig and Maria A. Roig c/o John J. Palitto. Jr., Esquire, Court Appointed Guardian Ad Litem; United States of America; Holiday City South Homeowners Corporation and State of New Jersey. Proof of Service of Notice of Motion for Final Judgment RECEIVED (See copy annexed hereto) Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED May 12, 2017 Maria A Roig is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED May 12, 2017 On April 04, 20174, a copy of the filed default was mailed to, Maria A Roig at the mortgaged premises and Maria A. Roig c/o John J. Palitto. Jr., Esquire, Court Appointed Guardian Ad Litem and the remainig defendants at the addresses where they were served with process. 5
Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED May 12, 2017 On April 04, 2017, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to, Maria A Roig at the mortgaged premises and Maria A. Roig c/o John J. Palitto. Jr., Esquire, Court Appointed Guardian Ad Litem As of May 10, 2017, no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification/Affidavit of Costs/Search Fees RECEIVED May 12, 2017 Total fees requested $857.80 Certification/Affidavit of Amount Due RECEIVED May 12, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $117,860.12 on its mortgage together with interest to grow due thereon from March 31, 2017. (See copy annexed hereto.) Final Judgment Filed June 28, 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 $2,090.05 6
Writ of Execution issued June 28, 2017 Report of Sale annexed thereto sets forth that on April 03, 2018, the Sheriff of Ocean County sold the Mortgaged premises at public vendue to Federal National Mortgage Association for the sum of $100.00. Affidavit of highest and best price annexed thereto. Certification/Affidavit of Mailing RECEIVED March 20, 2018 On March 20, 2018, a Notice of Sheriff's Sale was mailed by regular and certified mail to Maria A Roig at the mortgaged premises and Maria A. Roig c/o John J. Palitto. Jr., Esquire, Court Appointed Guardian Ad Litem and to any occupant at the mortgaged premises. Appearance Entered for Federal National Mortgage Association Filed May 30, 2018 Phelan Hallinan Diamond & Jones, PC Attorney(s) for Defendants Writ of Possession issued June 13, 2018 (Certification in Support of Issuance of Writ of Possession annexed thereto) 7
THIS CHANCERY ABSTRACT IS CERTIFIED TO DATATRACE and BRIGHTLINE TITLE DATED: September 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 S. A. 8
SWC-F-034955-15 03/07/2017 2:20:52 PM Pg 5 of 14 Trans ID: CHC2017201929
SWC-F-034955-15 03/07/2017 2:20:52 PM Pg 11 of 14 Trans ID: CHC2017201929
SWC-F-034955-15 03/07/2017 2:20:52 PM Pg 7 of 14 Trans ID: CHC2017201929
SWC-F-034955-15 03/07/2017 2:20:52 PM Pg 8 of 14 Trans ID: CHC2017201929
SWC-F-034955-15 03/07/2017 2:20:52 PM Pg 14 of 14 Trans ID: CHC2017201929
SWC-F-034955-15 03/07/2017 2:20:53 PM Pg 1 of 2 Trans ID: CHC2017201929
SWC-F-034955-15 03/07/2017 2:20:53 PM Pg 2 of 2 Trans ID: CHC2017201929
SWC-F-034955-15 05/12/2017 12:28:58 PM Pg 1 of 2 Trans ID: CHC2017398244
SWC-F-034955-15 05/12/2017 12:28:58 PM Pg 2 of 2 Trans ID: CHC2017398244
SWC-F-034955-15 05/12/2017 12:28:59 PM Pg 1 of 40 Trans ID: CHC2017398244
SWC-F-034955-15 05/12/2017 12:28:59 PM Pg 2 of 40 Trans ID: CHC2017398244
SWC-F-034955-15 05/12/2017 12:28:59 PM Pg 3 of 40 Trans ID: CHC2017398244
SWC F 034955-15 06/28/2017 Pg 1 of 2 Trans ID: CHC2017505381 McCABE, WEISBERG & CONWAY, P.C. Marisa Myers Cohen, Esquire - 017032001 Carol R. Cobb, Esquire - 028761994 Sheera G. Engrissei, Esquire - 009212010 Christopher J. Kelleher, Esquire 005212000 Ian V. Gallo, Esquire 163762015 Michael I. Gouda, Esquire 001052012 James French, Esquire - 134352014 216 HADDON AVENUE, SUITE 201 WESTMONT, NEW JERSEY 08108 (856) 858-7080 ATTORNEYS FOR PLAINTIFF Matter No 15-204210 - 15-204210 OceanFirst Bank, Plaintiff, vs. Maria A. Roig, et al., Defendants. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION OCEAN COUNTY Docket No. F-034955-15 Civil Action FINAL JUDGMENT Upon the application of the plaintiff, and it appearing that summons and complaint has been duly issued and return served upon all of the defendants, and their default having been entered; and the plaintiff s note and mortgage having been presented and marked as exhibits by the court; And it appearing from the Affidavit filed herein that there is due to the Plaintiff the sum $117,860.12 on its mortgage described in the complaint and sufficient cause appearing; It is on this 28th day of June, 2017, ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $117,860.12, together with lawful interest from March 31, 2017 on the total sum due Plaintiff, together with costs of this suit to be taxed, and a counsel fee of $_1328.60 included therein, raised and paid of the mortgage premises described in said 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 Roig 15-204210 Final Judgment Page 1 of 2
SWC F 034955-15 06/28/2017 Pg 2 of 2 Trans ID: CHC2017505381 plaintiff be sold, and that an execution do issue for that purpose out of this court directed to the sheriff of the County of Ocean commanding him to make sale, according to law, of so much of the said mortgaged premises as will be sufficient to satisfy the said mortgage, interest and costs; and that he pay out of the proceeds of the sale to the plaintiff or its attorney, its said 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 said Sheriff make his report to this Court of the sale as required by the rules of this Court; And it is further ORDERED AND ADJUDGED that the Plaintiff or the Purchaser at the foreclosure sale, duly recover against said defendants, Maria A. Roig, United States of America- NJ, Holiday City South Homeowners Corporation and State of New Jersey or any one holding under them, possession of the premises mentioned and described in the complaint with the appurtenances and that a writ of possession issue thereon; And it is further ORDERED AND ADJUDGED that all of the defendants to this action and each of them stand absolutely debarred and foreclosed of and from all equity of redemption of, in and to so much of the said mortgage premises shall be sold as aforesaid under this judgment notwithstanding anything herein to the contrary, this Judgment shall not affect 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 N.J.S.A 46:8B-21 except United States of America-NJ shall have the right to redeem within the period provided by 28 U.S.C.A. sec 2410. This Judgment shall not affect the rights of any person protected by the New Jersey Tenant Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq. /s/paul Innes Paul Innes, P.J.Ch. Respectfully Recommended OFFICE OF FORECLOSURE 1:34-6 Roig 15-204210 Final Judgment Page 2 of 2
SWC F 034955-15 06/07/2018 Pg 1 of 1 Trans ID: CHC2018317760