GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT REVERSE MORTGAGE SOLUTIONS, INC. vs. Plaintiff, JAMES FERGUSON GRACIE A. FERGUSON, husband and wife UNITED STATES OF AMERICA STATE OF NEW JERSEY Defendants, SUPERIOR COURT OF NEW JERSEY UNION COUNTY DOCKET NO. F-009831-16 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to FIDELITY NATIONAL TITLE GROUP 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 # 7229950 TITLE OFFICER
Complaint to Foreclose Filed April 7, 2016 Fein, Such, Kahn & Shepard, P.C., Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by James Ferguson and Gracie A. Ferguson, husband and wife to Mortgage Electronic Registration Systems, Inc. as nominee for Senior Security Home Advantage to secure the sum of $187,500.00. Obligation and mortgage dated October 17, 2012. The mortgage was recorded in Union County on November 30, 2012 in Book 13460, Page 316, et seq. 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. 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 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, Fein, Such, Kahn & Shepard, P.C. Attorneys for Plaintiff Tatiana Cespedes Summons dated April 25, 2016 (See returns of service for James Ferguson, United States of America - NJ, and Gracie A. Ferguson annexed hereto.) Certification of Mailing (as to United States of America - DC) RECEIVED May 20, 2016 (See copy annexed hereto.) Notice to State RECEIVED May 20, 2016 Service of the within notice and copy of the Complaint are hereby acknowledged for the State of New Jersey on April 27, 2016. Robert T. Lougy, Acting Attorney General, by: Ellen Seitz. 2
Request and Certification/Affidavit of Default as to James Ferguson, Gracie A. Ferguson, his wife, State of New Jersey, and United States of America Filed July 8, 2016 Default Filed July 8, 2016 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED June 1, 2017 Notice of Motion for Final Judgment Filed June 1, 2017 The Notice of Motion for Final Judgment is directed to Gracie A. Ferguson and James Ferguson at 1627-29 Myrtle Avenue, Plainfield, NJ 07063, 1627 Myrtle Avenue, Plainfield, NJ 07063, and 1627-1629 Myrtle Avenue, Plainfield, NJ 07063, United States of America, c/o Attorney General at 950 Pennsylvania Avenue, Washington, DC 20530 and c/o Department of Justice at 970 Broad Street, Newark, NJ 07102, and State of New Jersey, c/o Attorney General at 25 Market Street, PO Box 080, Trenton, NJ 08625. Proof of Service of Notice of Motion for Final Judgment RECEIVED June 1, 2017 On June 1, 2017, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, and Certification of Proof of Amount Due were mailed by regular and certified mail to the parties to whom the notice is directed. Certification sets forth that mediation papers were provided to the borrower upon service of the Summons and Complaint. 3
Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED June 1, 2017 James Ferguson and Gracie A. Ferguson is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED June 1, 2017 On July 13, 2016, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED June 1, 2017 On July 13, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Gracie A. Ferguson and James Ferguson at 1627-29 Myrtle Avenue, Plainfield, NJ 07063, 1627 Myrtle Avenue, Plainfield, NJ 07063, and 1627-1629 Myrtle Avenue, Plainfield, NJ 07063. 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 debtors indicating that there was a likelihood that they would be able to provide payment necessary to cure the default. More than ten days have passed since receipt of the notice by the debtors. Certification/Affidavit of Costs/Search Fees RECEIVED June 1, 2017 Total fees requested $1,131.09. Certification/Affidavit of Amount Due RECEIVED June 1, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $130,786.97 on its mortgage together with interest to grow due thereon 4
from March 15, 2017. The property described in the Complaint cannot be divided and should be sold as a single tract. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED July 17, 2017 Notice of Motion for Final Judgment Filed July 17, 2017 The Notice of Motion for Final Judgment is directed to Gracie A. Ferguson and James Ferguson at 1627-29 Myrtle Avenue, Plainfield, NJ 07063, 1627 Myrtle Avenue, Plainfield, NJ 07063, and 1627-1629 Myrtle Avenue, Plainfield, NJ 07063, United States of America, c/o Attorney General at 950 Pennsylvania Avenue, Washington, DC 20530 and c/o Department of Justice at 970 Broad Street, Newark, NJ 07102, and State of New Jersey, c/o Attorney General at 25 Market Street, PO Box 080, Trenton, NJ 08625. Proof of Service of Notice of Motion for Final Judgment RECEIVED July 17, 2017 On July 17, 2017, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, and Certification of Proof of Amount Due were mailed by regular and certified mail to the parties to whom the notice is directed. Certification sets forth that mediation papers were provided to the borrower upon service of the Summons and Complaint. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED July 17, 2017 James Ferguson and Gracie A. Ferguson is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. 5
Proof of Mailing RECEIVED July 17, 2017 On July 13, 2016, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED July 17, 2017 On July 13, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Gracie A. Ferguson and James Ferguson at 1627-29 Myrtle Avenue, Plainfield, NJ 07063, 1627 Myrtle Avenue, Plainfield, NJ 07063, and 1627-1629 Myrtle Avenue, Plainfield, NJ 07063. 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 debtors indicating that there was a likelihood that they would be able to provide payment necessary to cure the default. More than ten days have passed since receipt of the notice by the debtors. Certification/Affidavit of Costs/Search Fees RECEIVED July 17, 2017 Total fees requested $1,131.09. Certification/Affidavit of Amount Due RECEIVED July 17, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $130,786.97 on its mortgage together with interest to grow due thereon from March 15, 2017. The property described in the Complaint cannot be divided and should be sold as a single tract. 6
Letter to the Requesting the Final Judgment Package filed on July 17, 2017 be Withdrawn Filed August 8, 2017 Notice of Dismissal as to James Ferguson Filed August 8, 2017 Notice sets forth that James Ferguson passed away on July 28, 2017 and Gracie A. Ferguson is now surviving tenant by the entirety. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED August 9, 2017 Notice of Motion for Final Judgment Filed August 9, 2017 The Notice of Motion for Final Judgment is directed to Gracie A. Ferguson at 1627-29 Myrtle Avenue, Plainfield, NJ 07063, 1627 Myrtle Avenue, Plainfield, NJ 07063, and 1627-1629 Myrtle Avenue, Plainfield, NJ 07063, United States of America, c/o Attorney General at 950 Pennsylvania Avenue, Washington, DC 20530 and c/o Department of Justice at 970 Broad Street, Newark, NJ 07102, and State of New Jersey, c/o Attorney General at 25 Market Street, PO Box 080, Trenton, NJ 08625. Proof of Service of Notice of Motion for Final Judgment RECEIVED August 9, 2017 On August 9, 2017, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, and Certification of Proof of Amount Due were mailed by regular and certified mail to the parties to whom the notice is directed. Certification sets forth that mediation papers were provided to the borrower upon service of the Summons and Complaint. 7
Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED August 9, 2017 Gracie A. Ferguson is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED August 9, 2017 On July 13, 2016, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED August 9, 2017 On July 13, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Gracie A. Ferguson and James Ferguson at 1627-29 Myrtle Avenue, Plainfield, NJ 07063, 1627 Myrtle Avenue, Plainfield, NJ 07063, and 1627-1629 Myrtle Avenue, Plainfield, NJ 07063. 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 debtors indicating that there was a likelihood that they would be able to provide payment necessary to cure the default. More than ten days have passed since receipt of the notice by the debtors. Certification/Affidavit of Costs/Search Fees RECEIVED August 9, 2017 Total fees requested $1,131.09. Certification/Affidavit of Amount Due RECEIVED August 9, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is 8
due the sum of $130,786.97 on its mortgage together with interest to grow due thereon from March 15, 2017. The property described in the Complaint cannot be divided and should be sold as a single tract. (See copy annexed hereto.) Final Judgment Filed September 8, 2017 (See copy annexed hereto.) Plaintiff s Costs $2,502.86. Writ of Execution issued September 8, 2017. (Returned into Court: Fully Satisfied.) Proof of Mailing RECEIVED September 11, 2017 On September 11, 2017, a copy of the filed Final Judgment was mailed to each of the defendants. Certification/Affidavit of Mailing RECEIVED November 16, 2017 On November 16, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Gracie A. Ferguson at 1627-1629 Myrtle Avenue, Plainfield, NJ 07063, United States of America, c/o Attorney General at 950 Pennsylvania Avenue, Washington, DC 20530 and c/o Department of Justice at 970 Broad Street, Newark, NJ 07102, and State of New Jersey, c/o Attorney General at 25 Market Street, PO Box 080, Trenton, NJ 08625. 9
Report of Sale RECEIVED June 7, 2018 (See copy annexed hereto.) On November 29, 2017, the Sheriff of Union County sold the mortgaged premises at public venue to Reverse Mortgage Solutions, Inc. for the sum of $1,000.00. Affidavit of highest and best price annexed thereto. 10
THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: September 21, 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 DEJ 11
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SWC F 009831-16 09/08/2017 Pg 1 of 4 Trans ID: CHC2017665484 FEIN, SUCH, KAHN & SHEPARD, P.C. KATRINA MENDOZA-004212011 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-9300 276CBG Attorney for Plaintiff REVERSE MORTGAGE SOLUTIONS, SUPERIOR COURT OF NEW JERSEY INC. CHANCERY DIVISION- Plaintiff UNION COUNTY vs. DOCKET NO.: F-9831-16 GRACIE A. FERGUSON, et als. Defendant CIVIL ACTION FINAL JUDGMENT 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 made upon the following Defendants, in accordance with the Rules of this Court, and default having been entered against said Defendants, and it appearing GRACIE A. FERGUSON; STATE OF NEW JERSEY; UNITED STATES OF AMERICA; and the Plaintiff's obligation, mortgage and assignments of 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 8th day of September, 20_17, ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $130,786.97 together with interest at the contract
SWC F 009831-16 09/08/2017 Pg 2 of 4 Trans ID: CHC2017665484 rate of 4.7500% on $130,511.05 being the principal sum in default, including advances, if any, from 03/15/2017 to _September 8, 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 $ 1457.86 raised and paid in the first place out of the mortgaged premises; The Question of priority as between the Plaintiff and the United States of America with regard to counsel fees shall await surplus money proceedings if any; and it is further ORDERED that the Plaintiff or its assignee or the successful purchaser at the Sheriff's Sale duly recover against the following Defendants: GRACIE A. FERGUSON; and all parties holding under said Defendants, the possession of the premises mentioned and described in the said Complaint, and Amended 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 $130,786.97 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 that an execution for that purpose be duly issued out of this Court directed to the Sheriff of UNION County, commanding him to make sale according to law of the mortgaged premises described in the Complaint and Amended
SWC F 009831-16 09/08/2017 Pg 3 of 4 Trans ID: CHC2017665484 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 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 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 Amended Complaint, if any, when sold as aforesaid by virtue of this judgment, except as provided by 28 USC Section 2410. 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.
SWC F 009831-16 09/08/2017 Pg 4 of 4 Trans ID: CHC2017665484 /s/ Paul Innes, P.J.Ch. Paul Innes, P.J.Ch. Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE
SWC F 009831-16 06/07/2018 Pg 1 of 7 Trans ID: CHC2018319236