GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT U.S. ROF III LEGAL TITLE TRUST 2015-1, by U.S. National Bank Association, as Legal Title Trustee, vs. Plaintiff, DAWN M. BROCCO a/k/a Dawn M. Brocco-Fagella, MR. BROCCO, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, JOHN DOE AND JANE DOE 1-10, (names being fictitious) Tenants/Occupants, NEW CENTURY FINANCIAL SERVICES, LeCLUB II CONDOMINIUM ASSOCIATION, Defendants. SUPERIOR COURT OF NEW JERSEY BURLINGTON COUNTY DOCKET NO. F-018591-13 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. GREATER ATLANTIC LEGAL SERVICES, INC. YOUR REFERENCE # 7221645 TITLE OFFICER
Complaint to Foreclose Filed June 3, 2013 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff Uncontested Answer on behalf of Defendant LeClub II Condominium Association FILED July 10, 2013 Foreclosure Dismissal Warning Notice RECEIVED June 6, 2014 Certification of Exceptional Circumstances FILED June 11, 2014 Certification of plaintiff s counsel sets forth the matter was in loss mitigation but is now ready to proceed. Notice of Motion to Substitute Plaintiff FILED September 23, 2014 Notice is directed to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, his heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest, and LeClub II Condominium Association. Proof of Service RECEIVED September 23, 2014 On September 23, 2014, a copy of the Notice of Motion, Supporting Certifications and Proposed Form of Order were sent via regular and certified mail to Dawn M. 1
Brocco a/k/a Dawn M. Brocco-Fagella and Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, his heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest, 1503A Ralston Drive, Unit No. 1503A, Mount Laurel, New Jersey 08054; and LeClub II Condominium Association c/o Dennis P. McInerney, Esq., 710 East Main Street, Suite 2b, Moorestown, New Jersey 08057. Letter Brief in Support of Motion to Substitute Plaintiff RECEIVED September 23, 2014 Letter brief sets forth there was an assignment from Wells Fargo Bank, N.A. such that plaintiff should be substituted to U.S. Bank National Association, as Trustee for SROF-2013 REMIC Trust II. Certification in Support of Motion to Substitute Plaintiff RECEIVED September 23, 2014 Letter brief sets forth there was an assignment from Wells Fargo Bank, N.A. such that plaintiff should be substituted to U.S. Bank National Association, as Trustee for SROF-2013 REMIC Trust II. Certification of Inability to Ascertain the Actual Name of Defendant Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocc-Fagella RECEIVED September 23, 2014 Certification sets forth plaintiff has been unable to ascertain the actual name of Defendant Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella. Certification of Inquiry as to Mr. Brocco, husband Dawn M. Brocco a/k/a Dawn M. Brocco- Fagella RECEIVED September 23, 2014 (See copy annexed hereto.) 2
Certification of Inquiry and Mailing Notice and Complaint, Affidavit of Publication and Notice to Absent Defendant as to Mr. Brocco, husband Dawn M. Brocco a/k/a Dawn M. Brocco- Fagella RECEIVED September 23, 2014 (See copy annexed hereto.) Notice of Dismissal as to the heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella. RECEIVED September 23, 2014 Notice of Motion for Entry of Default FILED October 3, 2014 Notice is directed to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella and Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella. Certification in Support of Motion for Entry of Default RECEIVED October 3, 2014 Certification of Mailing of Notice of Motion for Entry of Default with Supporting Certification and Proposed Form of Order RECEIVED October 3, 2014 On October 3, 2014, a copy of the Notice of Motion, supporting Certification and proposed form of order was sent via regular and certified mail to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella and Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, 1503A Ralston Drive, Unit No. 1503A, Mount Laurel, New Jersey 08054. 3
Order Substituting Plaintiff FILED October 14, 2014 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE ORDER SUBSTITUTING PLAINTIFF FILED IN THIS ACTION. Order for Entry of Default FILED November 5, 2014 (See copy annexed hereto.) Amended Complaint FILED December 31, 2014 Zucker, Goldberg & Ackerman, LLC Summons dated February 24, 2015 (See return(s) and/or acknowledgment(s) of service for New Century Financial Services annexed hereto.) Request and Certification/Affidavit of Default as to New Century Financial Services Filed April 15, 2015 Default Filed April 15, 2015 4
Substitution of Attorney RECEIVED July 16, 2015 Zucker, Goldberg & Ackerman, LLC consents to the substitution of Pluese, Becker & Saltzman, LLC as attorneys for plaintiff. Notice of Motion to Substitute Plaintiff FILED November 2, 2015 Notice is directed to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella and LeClub II Condominium Association. Certification in Support of Motion to Substitute Plaintiff RECEIVED November 2, 2015 Letter brief sets forth there was an assignment from U.S. Bank National Association, as Trustee for SROF-2013 REMIC Trust II to U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee and plaintiff requests the pleadings be amended to reflect the substituted plaintiff. Certification of Mailing RECEIVED November 2, 2015 On November 2, 2015, a copy of the Notice of Motion and Certification in Support of Motion and Order were sent via regular and certified mail to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, 1503A Ralston Drive, Mount Laurel, New Jersey 08054 and LeClub II Condo Association, c/o Dennis P. McInerney, Esq., 710 East Main Street, Moorestown, New Jersey 08057. Order RECEIVED December 6, 2015 (See copy annexed hereto.) 5
Certification of Mailing RECEIVED December 30, 2015 On December 31, 2015, a copy of the Filed Order Substituting Plaintiff was sent via regular mail to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, 1503A Ralston Drive, Mount Laurel, New Jersey 08054 and LeClub II Condo Association, c/o Dennis P. McInerney, Esq., 710 East Main Street, Moorestown, New Jersey 08057. Consent Order Allowing Filing of Amended Complaint FILED January 15, 2016 (See copy annexed hereto.) Second Amended Complaint FILED January 15, 2016 Pleuse, Becker & Saltzman, LLC, Attorneys for Plaintiff FIRST COUNT Second Amended Complaint filed to foreclose mortgage made and executed by Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella to Oak Mortgage Company to secure the sum of $170,746.00. Obligation and mortgage dated August 21, 2008. The mortgage was recorded in Burlington County on August 25, 2008 in Book 11857, Page 035. THIS IS A 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 Second Amended Complaint, the mortgage was assigned to the Plaintiff. Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, John Doe and Jane Doe 1-10 (names being fictitious) Tenants/Occupants, New Century 6
Financial Services and LeClub II Condominium Association are made defendant(s) for reasons more particularly set forth in the annexed copy of the Second Amended 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 Second Amended 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 Second Amended Complaint annexed hereto. By: The Second Amended Complaint is signed, Pluese, Becker & Saltzman, LLC Attorneys for Plaintiff Jessica A. Kolansky, Esq. 7
Summons dated January 18, 2016 (See returns of service for Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella annexed hereto.) Proof of Mailing RECEIVED February 5, 2016 nd On January 18, 2016, a copy of the 2 Amended Complaint was sent via regular and certified mail to New Century Financial Services, c/o Eric F. Sombers, R.A., 110 South Jefferson Road, Suite 104, Whippany, New Jersey 07981. Voluntary Dismissal as to John Doe and Jane Doe 1-10 (names being fictitious) Tenants/Occupants RECEIVED May 2, 2016 Request and Certification of Default as to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella and New Century Financial Services FILED May 5, 2016 Default FILED May 5, 2016 Foreclosure Dismissal Warning Notice (for lack of prosecution) RECEIVED May 12, 2017 8
Certification of Bankruptcy RECEIVED May 26, 2017 Certification of plaintiff s counsel sets forth on May 23, 2016, Dawn M. Brocco filed for Chapter 7 Bankruptcy protection. On July 19, 2016, an Order Vacating the Automatic Stay was entered. (See copy annexed hereto.) Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED May 26, 2017 Notice of Motion for Final Judgment Filed May 26, 2017 The Notice of Motion for Final Judgment is directed to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, New Century Financial Services and LeClub II Condominium Association. Proof of Service of Notice of Motion for Final Judgment RECEIVED May 26, 2017 On May 26, 2017, 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 Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella and Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, 1503A Ralston Drive, Mount Laurel, New Jersey 08054; New Century Financial Services, c/o Eric F. Sombers, R.A., 110 South Jefferson Road, Suite 104, Whippany, New Jersey 07981; and LeClub II Condo Association, c/o Dennis P. McInerney, Esq., 710 East Main Street, Moorestown, New Jersey 08057. 9
Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED May 26, 2017 Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella is 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 Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella due to lack of a social security number. Certification of No Response Pursuant to N.J.S.A. 2A:50-58 RECEIVED May 26, 2017 All residential debtor/defendants have been given at least 10 days prior notice of plaintiff s application for entry of final judgment and no response has been received. Proof of Mailing RECEIVED May 26, 2017 On May 11, 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 May 26, 2017 On May 11, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, 1503A Ralston Drive, Mount Laurel, New Jersey 08054. 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 of Counsel Regarding Service of Mediation Materials RECEIVED May 26, 2017 Notice of Foreclosure Mediation Availability and related documents was sent to eligible borrower with the summons and complaint. 10
Certification/Affidavit of Costs/Search Fees RECEIVED May 26, 2017 Total fees requested $595.60. Certification/Affidavit of Amount Due RECEIVED May 26, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $262,105.44 on its mortgage together with interest to grow due thereon from January 27, 2017. (See copy annexed hereto.) Final Judgment Filed June 30, 2017 (See copy annexed hereto.) Plaintiff s Costs $3,616.65. Writ of Execution issued June 30, 2017 Proof of Mailing RECEIVED July 12, 2017 On July 12, 2017, a copy of the filed Final Judgment was mailed to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella and Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, 1503A Ralston Drive, Mount Laurel, New Jersey 08054; New Century Financial Services, c/o Eric F. Sombers, R.A., 110 South Jefferson Road, Suite 104, Whippany, New Jersey 07981; and LeClub II Condo Association, c/o Dennis P. 11
McInerney, Esq., 710 East Main Street, Moorestown, New Jersey 08057 and Tenant/Occupant, 1503A Ralston Drive, Mount Laurel, New Jersey 08054. Certification/Affidavit of Mailing RECEIVED October 9, 2017 On October 5, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella and Mr. Brocco, husband of Dawn M. Brocco a/k/a Dawn M. Brocco-Fagella, 1503A Ralston Drive, Mount Laurel, New Jersey 08054; New Century Financial Services, c/o Eric F. Sombers, R.A., 110 South Jefferson Road, Suite 104, Whippany, New Jersey 07981; and LeClub II Condo Association, c/o Dennis P. McInerney, Esq., 710 East Main Street, Moorestown, New Jersey 08057. Report of Sale RECEIVED February 5, 2018 On November 16, 2017, the Sheriff of Burlington County sold the mortgaged premises at public venue to U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee for the sum of $100.00. Affidavit of highest and best price annexed hereto. (See copy annexed hereto.) 12
THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP 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 018591-13 06/30/2017 Pg 1 of 4 Trans ID: CHC2017512819 PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mount Laurel, New Jersey 08054 (856) 813-1700 Attorneys for Plaintiff Filing Attorney: Rob Saltzman, Esquire ID #043891988 x_sanford J. Becker, Esquire ID #243731972 Robert F. Thomas, Esquire ID #018621993 Stuart West, Esquire ID #015672002 Kevin Diduch, Esquire ID #124612014 Kathleen L. Stanton, Esquire ID #012202011 File Number: 084437 cjg U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee Plaintiff v. Dawn M. Brocco aka Dawn M. Brocco-Fagella, et al. Defendants : : : : : : : : : SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION BURLINGTON COUNTY DOCKET NO.: F-018591-13 CIVIL ACTION FINAL JUDGMENT This matter being opened to the Court by Plaintiff, by and through Counsel, Pluese, Becker & Saltzman, LLC Sanford J. Becker, Esquire appearing, and it appearing that Summons, Complaint and Amendment to Complaint, if any, have been duly issued and returned served upon the following Defendant(s), who have filed an Answer, which does not dispute the priority or validity of the Plaintiff's mortgage: LeClub II Condominium Association And it further appearing that service of the said Summons Complaint and Amendment to Complaint, if any, have been made upon the following Defendant(s), in accordance with the Rules of this Court, and default having been entered against said Defendant(s): Dawn M. Brocco a/k/a
SWC F 018591-13 06/30/2017 Pg 2 of 4 Trans ID: CHC2017512819 Dawn M. Brocco-Fagella; Mr. Brocco, Husband of Dawn M. Brocco a/k/a Dawn M. Brocco- Fagella; New Century Financial Services And the Plaintiff's Note/Bond, Mortgage, and Assignment of Mortgage, if any, having been presented and marked as exhibits by the Court, and proofs having been submitted of the amount due on Plaintiff's mortgage and on the subsequent encumbrances of the following Defendant(s), whose priority cannot be determined at this time and must await surplus money proceedings, if any: LeClub II Condominium Association and sufficient cause appearing; IT IS on this 30 th day of June, 2017, ORDERED and ADJUDGED that the Plaintiff is entitled to have the sum of $262,105.44 together with the interest computed at the contract rate of 4.625 on $217,642.71, being the principal sum in default (Including advances, if any) from January 27, 2017 to June 30, 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 $2,771.05, and raised and paid in the first place out of the mortgaged premises; and it is further ORDERED and ADJUDGED that in the second place that the following Defendant(s), LeClub II Condominium Association is entitled to have the sum of $ together with the interest computed at the contract rate of on the principal sum in default and advances of from to the date of Final Judgment and lawful interest thereafter, on the total sum due Defendant together with costs of this suit to be taxed, including a counsel fee of $ raised and paid in the first place out of the mortgages premises; and it is further ORDERED that the Plaintiff, its assignee or purchaser duly recover against the Defendant(s), Mortgagors/Owners, and all persons or entities taking, holding, or claiming under
SWC F 018591-13 06/30/2017 Pg 3 of 4 Trans ID: CHC2017512819 said Defendant(s), the possession of the premises mentioned and described in the said Complaint and Amendment to Complaint, if any, with appurtenances, and that a Writ of Possession issue thereon, 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 the Plaintiff, U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee the sum of $262,105.44 with interest thereon as aforesaid, and the plaintiff's costs to be taxed, with lawful interest thereon, and in the second place, to the following Defendant(s), LeClub II Condominium Association, the sum of $, together with lawful interest to be computed from, with said Defendant's(s') costs to be taxed with lawful interest thereon and that an execution for that purpose duly issued by this Court to the Sheriff of Burlington County, commanding said Sheriff to make sale according to law of the mortgaged premises described in the Complaint and Amendment to Complaint, if any, and from the moneys arising from said sale, that said Sheriff pay in the first place to the Plaintiff, U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee said Plaintiff's debt, with interest thereon as aforesaid and said plaintiff's costs with interest thereon as aforesaid, and in the second place, to pay to the following Defendant(s), LeClub II Condominium Association Defendant's(s') debt with interest thereon as aforesaid and said Defendant's(s') costs with interest thereon as aforesaid, and in case more money shall be realized by the said sale that 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 required by the Rules of this Court; and it is further
SWC F 018591-13 06/30/2017 Pg 4 of 4 Trans ID: CHC2017512819 ORDERED and ADJUDGED that the Defendant(s) 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 Amendment to Complaint, if any, when sold as aforesaid by virtue of this Judgment by 28 U.S.C. 2410; and it is further. 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.S.A. 2A:18-61.1, et seq., the right of redemption given the United States under 28 U.S.C. section 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 N.J.S.A. 46:8B-21 or rights afford by the Service Members Civil Relief Act, 50 U.S.C..app. 501 et seq. or N.J.S.A. 38:23C-4.
SWC F 018591-13 02/05/2018 Pg 1 of 1 Trans ID: CHC201869858