GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT NATIONSTAR MORTGAGE LLC vs. Plaintiff, MICHAEL MALINOWSKI, Individually and as Administrator of the Estate of Tina Malinowski, deceased MRS. MICHAEL MALINOWSKI, his wife TINA MALINOWSKI, deceased, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest CITIBANK, NA STATE OF NEW JERSEY UNITED STATES OF AMERICA Defendants, SUPERIOR COURT OF NEW JERSEY WARREN COUNTY DOCKET NO. F-027247-14 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to AMERICAN HOME TITLE AGENCY, INC. 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 # AHT-51604P TITLE OFFICER
Complaint to Foreclose Filed July 3, 2014 Phelan Hallinan & Diamond, PC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Michael Malinowski and Tina Malinowski to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, its successors and assigns to secure the sum of $255,000.00. Obligation and mortgage dated April 22, 2008. The mortgage was recorded in Warren County on May 16, 2008 in Book 4980, Page 269. 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. Michael Malinowski is aka Michael J. Malinowski. Tina Malinowski is aka Tina M. Malinowski. 2012. Upon information and belief, Tina Malinowski departed this life on July 15, Michael Malinowski is further made a defendant for a reason more fully set forth in the annexed copy of the Complaint. Mrs. Michael Malinowski, his wife, the heirs, devisees, etc of Tina Malinowski, Citibank, NA, State of New Jersey, and United States of America is/are made defendant(s) for reasons more particularly set forth in the annexed copy of the Complaint. 1
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. 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 (Intentionally Omitted) By: The Complaint is signed, Phelan Hallinan & Diamond, PC Attorneys for Plaintiff William Adam Aitken, 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
Summons dated July 9, 2014 (See returns of service for Michael Malinowski, as Individually and Administrator of the Estate of Tina Malinowski, deceased, Citibank, NA, and United States of America - NJ annexed hereto.) Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1 RECEIVED July 15, 2014 On July 9, 2014, a Notice to Residential Tenants of Rights During Foreclosure was mailed by regular and certified mail to each Tenant and Inquilino at 108 Willow Grove Road, Stewartsville, NJ 08886-2307. Notice of Dismissal as to Mrs. Michael Malinowski, his wife Filed November 12, 2014 Notice to State RECEIVED November 13, 2014 Service of the within notice and copy of the Complaint are hereby acknowledged for the State of New Jersey on July 10, 2014. Attorney General, by: Annette Smallcombe. Certification of Mailing (as to United States of America - DC) RECEIVED November 13, 2014 (See copy annexed hereto.) 3
Certification of Inquiry/Mailing and Publication (as to Tina Malinowski, her heirs, devisees, and personal representatives, and her, their or any of their successors in right, title and interest) RECEIVED November 13, 2014 (See copy annexed hereto.) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRY AS TO TINA MALINOWSKI. Request and Certification of Default as to Michael Malinowski, as Individually and Administrator of the Estate of Tina Malinowski, deceased, Tina Malinowski, her heirs, devisees, and personal representatives, and her, their or any of their successors in right, title and interest, Citibank, NA, State of New Jersey, and United States of America Filed December 10, 2014 Default Filed December 10, 2014 Substitution of Attorney Filed December 26, 2014 NOTE: WE FAIL TO FIND A COPY OF THE SUBSTITUTION OF ATTORNEY FILED ON DECEMBER 26, 2014 WITHIN THE COURT CASE JACKET. HOWEVER, THE COURT DOCKET INDICATES SAID PLEADING WAS FILED AS NOTED. Foreclosure Dismissal Warning Notice (Lack of Prosecution) Filed December 11, 2015 4
Attorney Certification in Opposition to the Court's Motion to Dismiss for Lack of Prosecution Under R. 4:64-8 Received December 31, 2015 CLERK'S NOTATION: DENIED. CERTIFICATION DOES NOT SET FORTH EXCEPTIONAL CIRCUMSTANCES. Notice of Dismissal as to Third Count of the Foreclosure Complaint Filed January 8, 2016 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED January 8, 2016 Notice of Motion for Entry of Judgment Filed January 8, 2016 The Notice of Motion for Entry of Judgment is directed to Michael Malinowski, as Individually and Administrator of the Estate of Tina Malinowski, deceased at 309 Potomac Drive, Basking Ridge, NJ 07920, Tina Malinowski, her heirs, devisees, and personal representatives, and her, their or any of their successors in right, title and interest at 108 Willow Grove Road, Greenwich Twp., NJ 08886, Citibank, NA at 89 Engle St., Englewood, NJ 07631-2904, State of New Jersey, Attorney General of New Jersey, Hughes Justice Complex at 25 West Market Street, CN 080, Trenton, NJ 08625, and United States of America, Attorney General of the Unites States, US Department of Justice at 970 Broad Street, 7th Floor, Newark, NJ 07102 and Attorney General of the US at 950 Pennsylvania Ave., NW, Washington, DC 20530. 5
Proof of Service of Notice of Motion for Final Judgment RECEIVED January 8, 2016 On January 8, 2016, a copy of the Notice of Motion for Entry of Judgment, Certification of Amount Due and Certification of Diligent Inquiry pursuant to R 4:64-2 were mailed to the parties to whom the notice is directed. Certification of Service of Mediation Documents RECEIVED January 8, 2016 Certification sets forth that a copy of the Notice of Foreclosure Mediation Availability and related forms were served with the summons and complaint to Michael Malinowski and Tina Malinowski. Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED January 8, 2016 Tina Malinowski and Michael Malinowski are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED January 8, 2016 On August 5, 2015, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with summons and complaint. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED January 8, 2016 On August 5, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Michael Malinowski, Individually and as Administrator of the Estate of Tina Malinowski, deceased at 309 Potomac Drive, Basking Ridge, NJ 07920 and 108 Willow Grove Road, Greenwich Twp., NJ 08886, and Tina Malinowski at 108 Willow Grove Road, Greenwich Twp, NJ 08886. 6
As of August 19, 2015, no response has been received to the aforesaid Notice of Intention to Apply for Final Judgment. Certification of Costs/Search Fees RECEIVED January 8, 2016 Total fees requested $50.00. Proof of Amount Due and Schedule RECEIVED January 8, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $284,346.26 on its mortgage together with interest to grow due thereon from December 2, 2015. (See copy annexed hereto.) Final Judgment Filed February 10, 2016 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $3,293.46. Writ of Execution issued February 10, 2016 and returned. 7
NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF A NOTICE OF SALE FILED IN THIS ACTION. Report of Sale RECEIVED October 10, 2017 (See copy annexed hereto.) On April 10, 2017, the Sheriff of Warren County sold the mortgaged premises at public vendue to MTGLQ Investors, LP for the sum of $100.00. They being the highest bidder thereto. Assignment of Bid RECEIVED October 10, 2017 (See copy annexed hereto.) 8
THIS CHANCERY ABSTRACT IS CERTIFIED TO AMERICAN HOME TITLE AGENCY, INC. 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 9
SWC F 027247-14 10/10/2017 Pg 1 of 9 Trans ID: CHC2017731671
SWC F 027247-14 10/10/2017 Pg 2 of 9 Trans ID: CHC2017731671