GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT ONEWEST BANK, FSB vs. Plaintiff, JOANNE YOURKONIS, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title and interest PAUL GALLAGHER JAMES YOURKONIS, JR. CHRISTOPHER YOURKONIS LISA BOWEN NEW CENTURY FINANCIAL SERVICES BOOTH RADIOLOGY WORLDWIDE ASSET PURCHASING DIR CAMDEN CO BD SOCIAL SERVS FELICIA ROBENOLT MARGARET R. GALLAGHER STATE OF VIRGINIA UNDERWOOD MEMORIAL HOSPITAL PUBLIC SERVICE ELECTRIC & GAS CO. EQUITY ONE INC. PEDIATRICS PRESIDENTIAL ASSOCIATES MOTORS FINANCIAL ACCEPTANCE CORPORATION AMERICAN EXPRESS CENTURION BANK STATE OF NEW JERSEY UNITED STATES OF AMERICA Defendants, SUPERIOR COURT OF NEW JERSEY CAMDEN COUNTY DOCKET NO. F-004500-14 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to DATA TRACE and BRIGHTLINE TITLE 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. TITLE OFFICER YOUR REFERENCE # BRIGHTLINEBNJ18-70888
Complaint to Foreclose Filed February 6, 2014 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff Summons dated February 20, 2014 (See returns of service for New Century Financial Services, Booth Radiology, Camden Co Bd Social Servs, and Underwood Memorial Hospital annexed hereto.) Amended Complaint to Foreclose Filed October 8, 2014 Frenkel Lambert Weiss Weisman & Gordon, LLP, Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by James T. Yourkonis and JoAnne Yourkonis to Financial Freedom Senior Funding Corporation, a subsidiary of Indy Mac Bank, F.S.B. to secure the sum of $231,750.00. Obligation and mortgage dated December 20, 2007. The mortgage was recorded in Camden County on January 3, 2008 in Book 08738, Page 0400, et seq. This aforementioned Mortgage is a Reverse Mortgage. The aforementioned Mortgage is not a Purchase Money Mortgage. Upon information and belief, and to the best of our knowledge, the mortgagors are married to each other as husband and wife A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. By virtue of assignment(s) more particularly set forth in the annexed copy of the Amended Complaint, the mortgage was assigned to the Plaintiff. Upon information and belief, James T. Yourkonis departed this life on October 23, 2012. 1
2013. Upon information and belief, JoAnne Yourkonis departed this life on May 11, Paul Gallagher, James Yourkonis, Jr.,Christopher Yourkonis, Lisa Bowen, New Century Financial Services, Booth Radiology, Worldwide Asset Purchasing Dir., Camden Co Bd Social Servs, Felicia Robenolt, Margaret R. Gallagher, State of Virginia, Underwood Memorial Hospital, Public Service Electric & Gas Co., Equity One Inc., Pediatrics, Presidential Associates, Motors Financial Acceptance Corporation, American Express Centurion Bank, State of New Jersey, United States of America, and heirs, devisees, etc of JoAnne Yourkonis is/are made defendant(s) for reasons more particularly set forth in the annexed copy of the Amended Complaint. By virtue of a default in accordance with the terms of the 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. 2
By: The Amended Complaint is signed, Frenkel Lambert Weiss Weisman & Gordon, LLP Attorneys for Plaintiff John Caporale, Esq. Summons dated August 11, 2015 (See return of service for Lisa Bowen annexed hereto.) Foreclosure Dismissal Warning Notice (Lack of Prosecution) Filed October 9, 2015 Certification of Mailing RECEIVED November 6, 2015 On or around October 14, 2014 and August 12, 2015, a copy of the Amended Complaint was sent by regular and certified mail to Booth Radiology at 748 Kings Highway, West Deptford, NJ 08096, Underwood Memorial Hospital at 509 North Broad Street, Woodbury, NJ 08096, Paul Gallagher, Christopher Yourkonis, and James Yourkonis, no mailing pursuant to Court Rule 1:5-11A, State of New Jersey at 25 West Market Street, PO Box 080, Trenton, NJ 08625, New Century Financial Services at 110 S. Jefferson Road, Whippany, NJ 07981, Camden Co Bd Social Servs, c/o Presiding Officer of Director at 600 Market Street, Camden, NJ 08102, and State of New Jersey, c/o Prosecutor of Camden County, c/o Managing Director or Officer at 25 N. 5th Street, Camden, NJ 08102. 3
Certification of Diligent Inquiry/Publication (as to JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest) RECEIVED November 6, 2015 (See copy annexed hereto.) Certification of Diligent Inquiry/Publication (as to Paul Gallagher) RECEIVED November 6, 2015 (See copy annexed hereto.) Certification of Diligent Inquiry/Publication (as to Christopher Yourkonis) RECEIVED November 6, 2015 (See copy annexed hereto.) Notice to State RECEIVED November 6, 2015 Service of the within notice and copy of the Complaint are hereby acknowledged for the State of New Jersey on February 26, 2014. John J. Hoffman, Acting Attorney General, by: Ellen Seitz. (See return of service for State of New Jersey annexed hereto.) Notice to State RECEIVED November 6, 2015 Service of the within notice and copy of the Complaint are hereby acknowledged for the State of New Jersey on February 26, 2014. By: Stephanie Mallgrave, Agent Authorized on Behalf of Prosecutor. (See return of service for Camden County Prosecutor annexed hereto.) 4
Notice of Dismissal as to Mrs. Paul Gallagher, his wife, Mrs. James Yourkonis Jr., his wife, Mrs. Christopher Yourkonis, his wife, Mr. Bowen, husband of Lisa Bowen, Worldwide Asset Purchasing Dir, Melanie B. Schmidt, Felicia Robenolt, Ramona McClearn, Margaret R. Gallagher, State of Virginia, Public Service Electric & Gas, Co., Equity One Inc., Presidential Associates, Motors Financial Acceptance Corporation, and American Express Centurion Bank Filed November 6, 2015 Notice of Motion for Entry of Default Filed November 6, 2015 Notices directed to JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest at 136 Westminister Avenue, Gloucester, NJ 08030, Booth Radiology at 748 Kings Highway, West Deptford, NJ 08096, Underwood Memorial Hospital at 509 North Broad Street, Woodbury, NJ 08096, Paul Gallagher at 136 Westminister Avenue, Gloucester, NJ 08030, Christopher Yourkonis at 136 Westminister Avenue, Gloucester, NJ 08030, State of New Jersey at 25 West Market Street, PO Box 080, Trenton, NJ 08625, New Century Financial Services at 110 S. Jefferson Road, Whippany, NJ 07981, Camden Co Bd Social Servs, c/o Presiding Officer of Director at 600 Market Street, Camden, NJ 08102, and State of New Jersey, c/o Prosecutor of Camden County, c/o Managing Director or Officer at 25 N. 5th Street, Camden, NJ 08102. Proof of Service RECEIVED November 6, 2015 On November 6, 2015, a copy of the Notice of Motion, Proposed Order, and Supporting Certification were sent by regular and certified mail to the parties to whom the notice is directed. 5
Certification in Support of Motion to Enter Default RECEIVED November 6, 2015 Certification sets forth that the defendants did not file an answer to the original Foreclosure Complaint or otherwise appear, and request for entry of default was not submitted to the Court within the time provided by the rules. Request and Certification of Default as to Lisa Bowen, New Century Financial Services, Booth Radiology, Camden Co Bd Social Servs, Underwood Memorial Hospital, and State of New Jersey Filed November 6, 2015 Default Filed November 6, 2015 Summons dated November 10, 2015 (See returns of service for the United States of America annexed hereto.) NOTE: WE QUESTION THE SERVICE AS TO THE UNITED STATES OF AMERICA IN WASHINGTON, DC PURSUANT TO RULE 28 U.S.C. 2410 AS THEY WERE NOT SERVED BY REGULAR AND CERTIFIED MAIL. Order Permitting Entry of Default Filed December 2, 2015 IT IS ON THIS 2nd DAY OF December, 2015 ORDERED that the Clerk of the Superior Court is directed to enter default against the following defendants for failure to plead or otherwise defend as provided 6
by the Rules of Court: JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest, Paul Gallagher, Christopher Yourkonis, State of New Jersey, New Century Financial Services, Booth Radiology, Camden Co Bd Social Servs, Underwood Memorial Hospital. Default Filed December 2, 2015 Request and Certification of Default as to United States of America Filed May 11, 2016 Default Filed May 11, 2016 Notice of Dismissal as to Pediatrics Filed May 11, 2016 Certification of Diligent Inquiry/Publication (as to James Yourkonis, Jr.) RECEIVED May 26, 2016 (See copy annexed hereto.) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRIES AS TO JOANNE YOURKONIS, HER HEIRS, DEVISEES, ETC, 7
PAUL GALLAGHER, CHRISTOPHER YOURKONIS, AND JAMES YOURKONIS, JR. FURTHER, WE FAIL TO FIND ANY INDICATION IN THE INQUIRY THAT PAUL GALLAGHER, CHRISTOPHER YOURKONIS, AND JAMES YOURKONIS, JR. ARE ALIVE EVEN THOUGH THEIR PRESENT WHEREABOUTS CANNOT BE ASCERTAINED. THEY ARE NOT JOINED WITH THE EXPRESSION THEIR HEIRS, DEVISEES, ETC. Request and Certification of Default as to James Yourkonis, Jr. Filed May 26, 2016 Default Filed May 26, 2016 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED April 4, 2017 Notice of Motion for Final Judgment Filed April 4, 2017 The Notice of Motion for Final Judgment is directed to JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest at 136 Westminister Avenue, Gloucester, NJ 08030, Booth Radiology at 748 Kings Highway, West Deptford, NJ 08096, Underwood Memorial Hospital at 509 North Broad Street, Woodbury, NJ 08096, Paul Gallagher at 136 Westminister Avenue, Gloucester, NJ 08030, Christopher Yourkonis at 136 Westminister Avenue, Gloucester, NJ 08030, State of New Jersey at 25 West Market Street, PO Box 080, Trenton, NJ 08625, New Century Financial Services at 110 S. Jefferson Road, Whippany, NJ 07981, Camden Co Bd Social Servs, c/o Presiding Officer of Director 8
at 600 Market Street, Camden, NJ 08102, State of New Jersey, c/o Prosecutor of Camden County, c/o Managing Director or Officer at 25 N. 5th Street, Camden, NJ 08102, James Yourkonis, Jr. at 136 Westminister Avenue, Gloucester, NJ 08030, Lisa Bowen at 21 S. Black Horse Pike, Mt. Ephraim, NJ 08059, and United States of America, c/o Office of the Attorney General District of New Jersey at 970 Broad Street, Newark, NJ 07102 and c/o Office of the Attorney General, Department of Justice at 10th Street NW & Constitution Avenue, Washington, DC 20530. Proof of Service of Notice of Motion for Final Judgment RECEIVED April 4, 2017 On April 4, 2017, the Notice of Motion for Final Judgment, Certification of Diligent Inquiry pursuant to R 4:64-2, and Certification of Proof of Amount Due were mailed by regular and certified mail to the parties to whom the notice is directed. Certification of Mailing Mediation Forms RECEIVED April 4, 2017 Certification sets forth that a copy of the Foreclosure Mediation Availability and related forms were served with the Summons and Complaint. Attorney Certification RECEIVED April 4, 2017 Certification sets forth that James T. Yourkonis and JoAnne Yourkonis are in default due to death. Certification/Affidavit of Non-Military Service or Inability to Ascertain Military Status RECEIVED April 4, 2017 The military status of Paul Gallagher, James Yourkonis, Jr., Christopher Yourkonis, and Lisa Bowen could not be ascertained due to lack of sufficient information. 9
Proof of Mailing RECEIVED April 4, 2017 On or around March 24, 2017, a copy of the filed default was mailed to Lisa Bowen at the address where she was served with process. Proof of Mailing RECEIVED April 4, 2017 On or around June 8, 2016, a copy of the filed default was mailed to James Yourkonis, Jr. at the address where he was served with process. Proof of Mailing RECEIVED April 4, 2017 On or around May 24, 2016, a copy of the filed default was mailed to United States of America at the addresses where they were served with process. Proof of Mailing RECEIVED April 4, 2017 On or around December 30, 2015, a copy of the filed default was mailed to Paul Gallagher, Christopher Yourkonis, State of New Jersey, New Century Financial Services, Booth Radiology, Camden Co Bd Social Servs, Underwood Memorial Hospital, and United States of America at the address where they were served with process. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED April 4, 2017 On October 20, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was 10
mailed by regular and certified mail to each at the following addresses: JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest at 136 Westminister Avenue, Gloucester, NJ 08030, Paul Gallagher at 136 Westminister Avenue, Gloucester, NJ 08030, Christopher Yourkonis at 136 Westminister Avenue, Gloucester, NJ 08030, James Yourkonis, Jr. at 136 Westminister Avenue, Gloucester, NJ 08030, and Lisa Bowen at 21 S. Black Horse Pike, Mt. Ephraim, NJ 08059. Certification by the attorney for plaintiff sets forth that neither the lender nor the office of the attorney for plaintiff received any statement from the debtors indicating that there was a likelihood that they would be able to provide payment necessary to cure the default. More than ten days have passed since receipt of the notice by the debtors. Certification/Affidavit of Costs/Search Fees RECEIVED April 4, 2017 Total fees requested $1,171.30. Certification/Affidavit of Amount Due RECEIVED April 4, 2017 Certification/Affidavit by a representative of the plaintiff sets forth that there is due the sum of $163,943.85 on its mortgage together with interest to grow due thereon from March 8, 2017. The property described in the Complaint cannot be divided and should be sold as a single tract. (See copy annexed hereto.) Final Judgment Filed May 22, 2017 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. 11
Plaintiff s Costs $3,010.73. Writ of Execution issued May 22, 2017. (Returned into Court: Fully Satisfied.) Certification/Affidavit of Mailing RECEIVED November 15, 2017 On November 15, 2017, a Notice of Sheriff's Sale and Certification of Diligent Inquiry were mailed by regular and certified mail to Booth Radiology at 748 Kings Highway, West Deptford, NJ 08096, Underwood Memorial Hospital at 509 North Broad Street, Woodbury, NJ 08096, Paul Gallagher at 136 Westminister Avenue, Gloucester, NJ 08030, Christopher Yourkonis at 136 Westminister Avenue, Gloucester, NJ 08030, State of New Jersey at 25 West Market Street, PO Box 080, Trenton, NJ 08625, New Century Financial Services at 110 S. Jefferson Road, Whippany, NJ 07981, Camden Co Bd Social Servs, c/o Presiding Officer of Director at 600 Market Street, Camden, NJ 08102, State of New Jersey, c/o Prosecutor of Camden County, c/o Managing Director or Officer at 25 N. 5th Street, Camden, NJ 08102, Lisa Bowen at 21 S. Black Horse Pike, Mt. Ephraim, NJ 08059, and United States of America, c/o Office of the Attorney General District of New Jersey at 970 Broad Street, Newark, NJ 07102 and c/o Office of the Attorney General, Department of Justice at 10th Street NW & Constitution Avenue, Washington, DC 20530. Report of Sale RECEIVED February 28, 2018 (See copy annexed hereto.) On November 15, 2017, the Sheriff of Camden County sold the mortgaged premises at public venue to OneWest Bank, FSB for the sum of $100.00. Affidavit of highest and best price annexed thereto. 12
NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE SHERIFF S STATEMENT HAS NOT BEEN SIGNED. Appearance Entered for Federal National Mortgage Association Filed March 20, 2018 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff's Assignee Certification in Support of Issuance of Writ of Possession Filed March 20, 2018 Writ of Possession issued March 20, 2018 and returned. Certification of Service annexed thereto sets forth that on April 4, 2018, the within Writ of Possession was not served as it was canceled per attorney letter. 13
THIS CHANCERY ABSTRACT IS CERTIFIED TO DATA TRACE and BRIGHTLINE TITLE DATED: October 1, 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 14
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SWC F 004500-14 05/22/2017 Pg 1 of 4 Trans ID: CHC2017420129 FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP 80 Main Street, Suite 460 West Orange, NJ 07052 (973) 325-8800 Attorneys for Plaintiff Attorney Court ID:018762011 Attorney:John R. Caporale,Esq. Our File #: 03-012728-F00 OneWest Bank, FSB, Superior Court of New Jersey Chancery Division Plaintiff, Camden County vs. JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest; et al. Civil Action Docket No.: F-004500-14 FINAL JUDGMENT Defendants. This matter having been opened to the Court by FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP, attorneys for Plaintiff on a motion to enter final judgment, and it appearing that service of the summons and complaint, and any amended complaints, if any, having been affected upon the following defendants JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest Paul Gallagher James Yourkonis Jr. Christopher Yourkonis Lisa Bowen State of New Jersey United States of America New Century Financial Services Booth Radiology Camden Co Bd Social Servs Underwood Memorial Hospital Prosecutor of Camden County
SWC F 004500-14 05/22/2017 Pg 2 of 4 Trans ID: CHC2017420129 in accordance with the Rules of Court, and their time to answer having expired and default having been entered against said defendants, and the following defendants None having filed an answer to the complaint which answer has been deemed as uncontesting to the validity or priority of Plaintiff s mortgage and Plaintiff s right to foreclose, and it appearing from the plaintiff s certification filed in the within action that the plaintiff has made an investigation but is unable to determine whether the following defendants: Paul Gallagher James Yourkonis Jr. Christopher Yourkonis Lisa Bowen are in the military service and good reason appearing that final judgment should be granted at this time and that the judgment should enter without the filing of a Servicemembers Civil Relief Act Bond, and the Court having reviewed Plaintiff s supporting Certifications and Exhibits, and for good cause shown; IT IS ON THIS 22 nd DAY OF May, 2017, ORDERED AND ADJUDGED that the Plaintiff is entitled to have the sum of $163,943.85 together with lawful interest from March 08, 2017, together with the costs of this suit to be taxed, including a counsel fee of $1,789.43 raised and paid in the first place out of the mortgaged premises; and it is further ORDERED AND ADJUDGED that the question of priority as between the Plaintiff and the United States of America with regard to counsel fees and advances made by the Plaintiff shall await surplus money proceedings, if any; and it is further
SWC F 004500-14 05/22/2017 Pg 3 of 4 Trans ID: CHC2017420129 ORDERED AND ADJUDGED that the Plaintiff or its assignees or the successful purchaser at the Sheriff's sale duly recover against the following defendants: JoAnne Yourkonis, her heirs, devisees and personal representatives, and his/her, their, or any of their successors in right, title, and interest Paul Gallagher James Yourkonis Jr. Christopher Yourkonis Lisa Bowen State of New Jersey United States of America New Century Financial Services Booth Radiology Camden Co Bd Social Servs Underwood Memorial Hospital Prosecutor of Camden County and all parties holding under said defendants, the possession of the premises mentioned and described in the said Complaint (and Amended Complaints, if any), with the appurtenances, except that no possession is to be awarded against any tenant protected by the New Jersey Tenant Anti- Eviction Act (2A:18-61.1 et seq.) and no writ of possession shall be issued against said tenants; and it is further ORDERED AND ADJUDGED that the mortgaged premises be sold to raise and satisfy the money due Plaintiff, the sum of $163,943.85 together with interest thereon to be computed as aforesaid, with the Plaintiff's costs to be taxed with lawful interest thereon, and that an execution issue for that purpose to the Sheriff of Camden County, commanding him to make sale according to law of the mortgaged premises described in the Complaint (and Amended Complaints, if any), and out of the monies arising from said sale that he pay the Plaintiff's debt, with interest thereon and costs aforesaid to the Plaintiff or his attorney, and in case there is a surplus remaining after said sale, that such surplus be brought into Court to abide the further Order of this Court and that the Sheriff make his report of the said sale as required by the rules of this Court; and it is further
SWC F 004500-14 05/22/2017 Pg 4 of 4 Trans ID: CHC2017420129 ORDERED and ADJUDGED that, 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 of America under 28 U.S.C. Sec. 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 any rights afforded by the Servicemembers Civil Relief Act, 50 U.S.C. App. 501, et seq. or N.J.S.A. 38:23C-4; and it is further ORDERED and ADJUDGED that all the defendants to this action, 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 Amended Complaints, if any), as shall be sold as aforesaid by virtue of this Judgment. Papers Considered: Motion Opposed Motion Unopposed
SWC F 004500-14 02/28/2018 Pg 1 of 9 Trans ID: CHC2018119841
SWC F 004500-14 02/28/2018 Pg 2 of 9 Trans ID: CHC2018119841