GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT FLAGSTAR BANK, FSB vs. Plaintiff, IVONNE D'AMATO, his/her heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest; MR. D'AMATO, husband of Ivonne D'Amato; JOAQUIN SUAREZ, his/her heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest; MRS. JOAQUIN SUAREZ, wife of Joaquin Suarez; Defendants, SUPERIOR COURT OF NEW JERSEY BURLINGTON COUNTY DOCKET NO. F-002442-13 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to DATA TRACE and LENDERLIVE 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 # LLSS520-324338 TITLE OFFICER
Complaint to Foreclose Filed January 23, 2013 Zucker, Goldberg & Ackerman, LLC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Joaquin Suarez and Ivonne D'Amato to Mortgage Electronic Registration Systems, Inc., as nominee for Colonial Home Mortgage Company to secure the sum of $256,969.00. Obligation and mortgage dated October 26, 2007. The mortgage was recorded in Burlington County on November 09, 2007 in Book 11625, Page 676. This s a 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. Joaquin Suarez, wife of Joaquin Suarez; Mr. D'Amato, husband of Ivonne D'Amato and Ivonne D'Amato and Joaquin Suarez, his/her/their heirs, devisees and personal representatives, and his/her/their or any of their successors in right, title and interest 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 1
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, Zucker, Goldberg & Ackerman, LLC Attorneys for Plaintiff Michael S. Ackerman, Esq. Summons dated February 05, 2013 (See return(s) and/or acknowledgment(s) of service for Joaquin Suarez and Ivonne D'Amato annexed hereto.) Notice of Dismissal as to the Heirs, Devisees, Personal Representatives, and His, Her, Their or any of Their Successors in Right, Title and Interest of Defendants, Ivonne D'Amato and Joaquin Suarez, Only Filed April 05, 2013 Notice of Dismissal as to, Mrs. Joaquin Suarez, wife of Joaquin Suarez; Mr. D'Amato, husband of Ivonne D'Amato Filed April 05, 2013 2
Request and Certification/Affidavit of Default as to, Ivonne D'Amato and Joaquin Suarez Filed April 05, 2013 Default Filed April 05, 2013 Notice of Motion for Entry of Order Substituting Plaintiff Filed December 09, 2013 The Notice of Motion is directed to Ivonne D'Amato and Joaquin Suarez. Certification/Affidavit in Support of Order Substituting Plaintiff RECEIVED December 09, 2013 The certification sets forth that on May 1, 2013, The Secretary of Housing and Urban Development was assigned the subject loan from Flagstar Bank, FSB. On September 13, 2013, Queen's Park Oval Asset Holding Trust purchased the subject loan from The Secretary of Housing and Urban Development. Queen's Park Oval Asset Holding Trust, therefore, is now the holder pursuant to N.J.S.A.12A:3-301 of the subject Note and Mortgage. Proof of Mailing RECEIVED December 09, 2013 (See copy annexed hereto) Letter Brief RECEIVED December 09, 2013 3
Order Substituting Plaintiff Filed January 30, 2014 It is on this 30th day of January, 2014 ORDERED AND ADJUDGED The Complaint in this action be and hereby is amended striking the name of Flagstar Bank, FSB as the party plaintiff. Queen's Park Oval Asset Holding Trust, be and hereby is substituted in the place and stead of Flagstar Bank, FSB as the party Plaintiff and all subsequent pleadings filed with the Court shall use the name of the substituted Plaintiff in the caption. The Superior Clerk is directed to change, as herein modified, the name of the party Plaintiff on the automated case management system docket. Copies of this Order shall be served on all counsel and defendants of record within days of the date the Order is received by plaintiff's counsel. NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FILED ORDER SUBSTITUTING PLAINTIFF SERVED UPON ALL DEFENDANTS OF RECORDS AS DIRECTED THEREIN. Foreclosure Dismissal Warning Notice for Lack of Prosecution DATED February 06, 2015 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED March 10, 2015 Notice of Motion for Final Judgment Filed March 10, 2015 The Notice of Motion for Final Judgment is directed to Ivonne D'Amato and Joaquin Suarez. 4
Proof of Service of Notice of Motion for Final Judgment RECEIVED March 10, 2015 (See copy annexed hereto) Certification of Mailing of Notices of Mediation RECEIVED March 10, 2015 The office of attorney for plaintiff caused to have a copy of the Notice of Foreclosure Mediation Availability, Foreclosure Mediation Financial Worksheet, and combination HUD-Certified Housing Counselor Instruction Form and Foreclosure Mediation Recommendation Statement served with the Summons and Complaint and Amended Complaint, if any, to Ivonne D'Amato and Joaquin Suarez at the address where they were served with process. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED March 10, 2015 Ivonne D'Amato and Joaquin Suarez is/are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE DEFAULT FILED IN THIS ACTION. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED March 10, 2015 On April 26, 2013, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to, Ivonne D'Amato and Joaquin Suarez at the address where they were served with process, which is in fact the mortgaged premises. As of May 10, 2013, no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. 5
Certification/Affidavit of Costs/Search Fees RECEIVED March 10, 2015 Total fees requested $575.00 Certification/Affidavit of Amount Due RECEIVED March 10, 2015 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $343,391.45 on its mortgage together with interest to grow due thereon from February 03, 2015. (See copy annexed hereto.) Final Judgment Filed April 10, 2015 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $4,418.91 Writ of Execution issued April 10, 2015 Appearance Entered for Stern & Eisenberg, PC Filed July 31, 2015 Co-Counsel for Plaintiff 6
Substitution of Attorney RECEIVED August 05, 2015 Zucker, Goldberg & Ackerman, LLC do hereby consent to the substitution of Stern & Eisenberg, PC as Attorneys for Plaintiff. Alias Writ of Execution issued April 06, 2017 and has not returned to court LAST ENTRY 7
THIS CHANCERY ABSTRACT IS CERTIFIED TO DATA TRACE and LENDERLIVE DATED: September 26, 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