GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT FIFTH THIRD MORTGAGE COMPANY, vs. Plaintiff, KAREN L. KORGMANN, MR. KROGMANN, husband of Karen L. Krogmann, BERGENWOOD COMMONS ASSOCIATION, INC., Defendants. SUPERIOR COURT OF NEW JERSEY HUDSON COUNTY DOCKET NO. F-022446-16 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to SURETY TITLE AGENCY COASTAL REGION 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 # 8560SC-01
Complaint to Foreclose Filed August 12, 2016 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Karen L. Krogmann to Fifth Third Mortgage Company to secure the sum of $174,000.00. Obligation and mortgage dated March 25, 2010. The mortgage was recorded in Hudson County on April 7, 2010 in Book 17495, Page 345. 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. Krogmann, husband of Karen L. Krogmann and Bergenwood Commons Association, Inc., 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 1
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. By: The Complaint is signed, Phelan Hallinan Diamond & Jones, PC Attorneys for Plaintiff Craig Keiser, Esq. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION PURSUANT TO RULE 4:64-1(a) ANNEXED TO THE COMPLAINT FAILS TO SPECIFICALLY STATE THAT PLAINTIFF HAS RECEIVED AND REVIEWED THE TITLE SEARCH. 2
Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1 RECEIVED August 17, 2016 On August 16, 2016, a Notice to Residential Tenants of Rights During Foreclosure was mailed by regular and certified mail to each Tenant and Inquilino, 4500 Smith Avenue, Apartment 10, North Bergen, New Jersey 07047. Summons dated August 15, 2016 (See return of service for Karen L. Krogmann annexed hereto.) Summons dated August 23, 2016 (See acknowledgment of service for Bergenwood Commons Association, Inc. annexed hereto.) Non-Contesting Answer on behalf of Bergenwood Commons Association, Inc. FILED September 2, 2016 Notice of Dismissal as Mr. Krogmann, husband of Karen L. Krogmann Filed September 9, 2016 Request and Certification/Affidavit of Default as to Karen L. Krogmann Filed October 19, 2016 Default Filed October 19, 2016 3
Proof of Mailing - Entry of Default RECEIVED November 16, 2016 On November 1, 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 December 2, 2016 On November 2, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Karen L. Krogmann, 4500 Smith Avenue, Apartment 10, North Bergen, New Jersey 07047. 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 Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED March 3, 2017 Notice of Motion for Final Judgment Filed March 15, 2017 The Notice of Motion for Final Judgment is directed to Karen L. Krogmann and Bergen Commons Association, Inc. Proof of Service of Notice of Motion for Final Judgment RECEIVED March 15, 2017 On March 7, 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 Karen L. Krogmann, 4500 Smith Avenue, Apartment 10, North Bergen, New Jersey 07047 and Bergen Commons Association, Inc., c/o Donald M. Onorato, Esq., 5 Atlantic Street, Hackensack, New Jersey 07601 and c/o Donald M. Onorato, Esq., 5 Atlantic Street,2nd Floor, Hackensack, New Jersey 07601. 4
NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION OF SERVICE OF THE NOTICE OF MOTION FOR ENTRY OF JUDGMENT DOES NOT SPECIFY THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL. NOTE: WE FAIL TO FIND ANY CERTIFICATION THAT NOTICE OF FORECLOSURE MEDIATION AVAILABILITY WAS SERVED WITH SUMMONS AND COMPLAINT FILED, PURSUANT TO COURT ORDER OF FEBRUARY 27, 2013 FILED IN THIS ACTION. Certification in Support of Loan Modification RECEIVED March 15, 2017 Certification of plaintiff's counsel sets forth the amount of principal shown on the Schedule in the Certification of Amount Due is higher than the original loan amount due to a mortgage modification agreement. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED March 15, 2017 Karen L. Krogmann is not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Certification/Affidavit of Costs/Search Fees RECEIVED March 15, 2017 Total fees requested $817.00. 5
Certification/Affidavit of Amount Due RECEIVED March 15, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $225,596.68 on its mortgage together with interest to grow due thereon from February 23, 2017. (See copy annexed hereto.) Final Judgment Filed April 12, 2017 (See copy annexed hereto.) Plaintiff s Costs $3,322.96. Writ of Execution issued April 12, 2017 Proof of Mailing RECEIVED April 24, 2017 On April 19, 2017, a copy of the filed Final Judgment was mailed to Karen L. Krogmann, 4500 Smith Avenue, Apartment 10, North Bergen, New Jersey 07047 and Bergen Commons Association, Inc., c/o Donald M. Onorato, Esq., 5 Atlantic Street, Hackensack, New Jersey 07601 and c/o Donald M. Onorato, Esq., 5 Atlantic Street,2nd Floor, Hackensack, New Jersey 07601. 6
Certification/Affidavit of Mailing RECEIVED May 3, 2017 On May 2, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Karen L. Krogmann, 4500 Smith Avenue, Apartment 10, North Bergen, New Jersey 07047 and Bergen Commons Association, Inc., c/o Donald M. Onorato, Esq., 5 Atlantic Street, Hackensack, New Jersey 07601 and c/o Donald M. Onorato, Esq., 5 Atlantic Street,2nd Floor, Hackensack, New Jersey 07601. Notice of Appearance RECEIVED January 31, 2018 A notice of appearance was entered by Phelan Hallinan Diamond & Jones, PC on behalf of plaintiff's assignee, Federal Home Loan Mortgage Corporation. NOTE: WE FAIL TO FIND A REPORT OF SALE FILED IN THIS MATTER. Sheriff's Deed RECEIVED January 31, 2018 Certification in Support of Issuance of Writ of Possession RECEIVED February 19, 2018 Certification sets forth that a Sheriff s Sale occurred on August 18, 2017. Plaintiff was the successful bidder at that Sale. The bid was subsequently assigned to Plaintiff s Assignee. The Deed was drawn directly to Plaintiff s Assignee. (See copy of Deed annexed hereto.) Writ of Possession issued February 21, 2018 7
THIS CHANCERY ABSTRACT IS CERTIFIED TO SURETY TITLE AGENCY COASTAL REGION DATED: September 24, 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 8
SWC-F-022446-16 03/15/2017 1:40:29 PM Pg 1 of 6 Trans ID: CHC2017222323
SWC-F-022446-16 03/15/2017 1:40:29 PM Pg 2 of 6 Trans ID: CHC2017222323
SWC-F-022446-16 03/15/2017 1:40:29 PM Pg 3 of 6 Trans ID: CHC2017222323
SWC F 022446-16 04/12/2017 Pg 1 of 2 Trans ID: CHC2017307646 777579 PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ 08054 856-813-5500 Attorney for Plaintiff FIFTH THIRD MORTGAGE COMPANY PLAINTIFF KAREN L. KROGMANN, ET AL. DEFENDANT (S) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION HUDSON COUNTY DOCKET NO: F-022446-16 CIVIL ACTION FINAL JUDGMENT This matter having been opened to the Court by Phelan Hallinan Diamond & Jones, PC attorney s for plaintiff, and it appearing that service of the Summons and Complaint has/have been made upon the defendants, in accordance with the Rules of this Court and default having been entered against all non-answering defendants; and it further appearing that the Summons Notice and Complaint (Amendment if any) have been duly issued and returned served upon the following defendant, BERGENWOOD COMMONS ASSOCIATION, INC., who has filed an answer, which does not dispute the priority or validity of the plaintiff's mortgage: and the priority which cannot be determined at this time; and plaintiff s obligation, Mortgage and assignment of Mortgage having been presented and marked as exhibits by the Court, and proof having been submitted of the amount due on the plaintiff s Mortgage. It is on this 12th day of April 20_17_, ORDERED and ADJUDGED that the plaintiff is entitled to have the sum of $225,596.68 together with interest at the Contract rate of 4% on $214,461.19 being the principal sum in default including advances from February 23, 2017 to April 12, 2017 and lawful interest thereafter on the total sum due to plaintiff together with costs of this suit to be taxed including counsel fee of $ 2,405.96 raised and paid in the first place out of the mortgaged premises described in the Complaint; and it is further ordered that the plaintiff, its assignee or purchaser at sale recover against the following defendants: KAREN L. KROGMANN
SWC F 022446-16 04/12/2017 Pg 2 of 2 Trans ID: CHC2017307646 and all parties holding under said defendants the possession of the premises so mentioned and described in the said Complaint 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 the plaintiff, FIFTH THIRD MORTGAGE COMPANY, in the sum of $225,596.68 together with contract and lawful interest thereon to be computed as aforesaid, the plaintiff s costs to be taxed, with interest thereon, and that an execution for the purpose be duly issued out of this Court directed to the Sheriff of HUDSON County, commanding said Sheriff to make sale according to law of the mortgaged premises, as described in the Complaint, and out of the money arising from said sale, that said Sheriff 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 than 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, when sold as aforesaid by virtue of this judgment. This judgment shall not affect the right of any person protected by the provisions of the New Jersey Tenant Anti-Eviction Statute (NJSA 2A: 18-61.1 et seq.) or 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. /s/ Paul Innes, P.J.Ch. Paul Innes, P.J.Ch. Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE
SWC-F-022446-16 01/31/2018 3:31:04 AM Pg 1 of 4 Trans ID: CHC201859094
SWC-F-022446-16 01/31/2018 3:31:04 AM Pg 2 of 4 Trans ID: CHC201859094
SWC-F-022446-16 01/31/2018 3:31:04 AM Pg 3 of 4 Trans ID: CHC201859094
SWC-F-022446-16 01/31/2018 3:31:04 AM Pg 4 of 4 Trans ID: CHC201859094