GREATER ATLANTIC LEGAL SERVICES, INC. CITIMORTGAGE, INC. vs. Plaintiff, CHANCERY ABSTRACT CRAIG POWELL; MRS. CRAIG POWELL, his wife; HIGHPOINT CONDOMINIUM ASSOCIATION, INC. Defendants, SUPERIOR COURT OF NEW JERSEY SUSSEX COUNTY DOCKET NO. F-004826-14 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 # 7199185 TITLE OFFICER
Complaint to Foreclose Filed February 10, 2014 Fein, Such, Kahn & Shepard, P.C., Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Craig Powell to Mortgage Electronic Registration Systems Inc as Nominee for Security Atlantic Mortgage Co, Inc. to secure the sum of $221,777.00. Obligation and mortgage dated October 25, 2006. The mortgage was recorded in Sussex County on November 3, 2006 in Book 7850, Page 210. 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. Mrs. Craig Powell and Highpoint Condominium Association, Inc. 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. THIRD COUNT Plaintiff repeats the allegations contained in the First and Second Counts as if same were set forth at length herein. The tax map designation was erroneously set forth in the body of the mortgage as Block 11501, Lot 2. The metes and bounds description is correct and accurately describes the mortgaged property. The correct tax map designation is Block 11501, Lot 2 Qualifier C0097. The correct metes and bounds description is annexed hereto as Schedule A. The error was due to a scrivener's error. The property description should read as set forth on Schedule A. WHEREFORE, Plaintiff demands judgment: Ordering that tax map designation in the body of the Mortgage be reformed to read: Block 11501, Lot 2 Qualifier C0097.; For any other relief that the Court deems necessary. By: The Complaint is signed, Fein, Such, Kahn & Shepard, P.C. Attorneys for Plaintiff Katrina Mendoza 2
Summons dated February 14, 2014 (See return(s) and/or acknowledgment(s) of service for Craig Powell and Highpoint Condominium Association, Inc. annexed hereto.) Uncontesting Answer Entered for Defendant(s), Highpoint Condominium Association, Inc. Filed March 10, 2014 Hill Wallack LLP, Attorney(s) for Defendant Certification in Support of Out of State Service for an Individual, Craig Powell RECEIVED (See copy annexed hereto) Certification of Marital Status RECEIVED April 08, 2014 Craig Powell is married, however, this is not the primary martial residence being foreclosed upon herein. Notice of Dismissal as to Mrs. Craig Powell Filed April 08, 2014 Request and Certification/Affidavit of Default as to Craig Powell Filed April 08, 2014 3
Default Filed April 08, 2014 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED August 21, 2014 Notice of Motion for Final Judgment Filed August 21, 2014 The Notice of Motion for Final Judgment is directed to Craig Powell; Highpoint Condominium Association, Inc. and Highpoint Condominium Association, Inc. c/o Hill Wallack LLP. Proof of Service of Notice of Motion for Final Judgment/Notice to Cure/Filed Default/Mediation RECEIVED August 21, 2014 (See copy annexed hereto) Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED August 21, 2014 Craig Powell is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Certification/Affidavit of Costs/Search Fees RECEIVED August 21, 2014 Total fees requested $776.17 4
Certification/Affidavit of Amount Due RECEIVED August 21, 2014 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $236,073.28 on its mortgage together with interest to grow due thereon from April 28, 2014. (See copy annexed hereto.) Final Judgment Filed September 22, 2014 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT MAILED TO HILL WALLACK LLP, ATTORNEY(S) FOR DEFENDANT HIGHPOINT CONDOMINIUM ASSOCIATION, INC. Writ of Execution issued September 22, 2014 Report of Sale annexed thereto sets forth that on February 11, 2015, the Sheriff of Sussex County sold the Mortgaged premises to for the sum of $100.00. Affidavit of highest and best price annexed thereto. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE REPORT OF SALE FAILS TO SET FORTH THAT THE MORTGAGED PREMISES WERE SOLD AT PUBLIC VENDUE. FURTHERMORE, REPORT OF SALE FAILS TO IDENTIFY THE SUCCESSFUL BIDDER. Proof of Mailing RECEIVED On September 26, 2014, a copy of the filed Final Judgment was mailed to, Craig Powell at the address where he was served with process and also to the mortgaged premise and to, Mrs. Craig Powell at the mortgaged premises and to Highpoint Condominium Association, Inc. at the address where they were served with process. 5
Certification/Affidavit of Mailing RECEIVED January 28, 2015 On January 12, 2015, a Notice of Sheriff's Sale was mailed by regular and certified mail to, Craig Powell at the address where he was served with process and also to the mortgaged premise and to, Mrs. Craig Powell at the mortgaged premises and to Highpoint Condominium Association, Inc. at the address where they were served with process. 6
THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: September 6, 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. 7