GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT U.S. BANK NATIONAL ASSOCIATION, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-3 vs. Plaintiff, SID A. MESSOUD MRS. SID A. MESSAOUD, his wife U.S. BANK, NATIONAL ASSOCIATION as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2 Defendants, SUPERIOR COURT OF NEW JERSEY BERGEN COUNTY DOCKET NO. F-015717-16 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to MID STATE ABSTRACT COMPANY 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 # MS-155186 TITLE OFFICER
Complaint to Foreclose Filed June 6, 2016 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff FIRST COUNT Complaint filed to foreclose mortgage made and executed by Sid A. Messaoud to Eastern American Mortgage Co. to secure the sum of $272,000.00. Obligation and mortgage dated December 1, 2005. The mortgage was recorded in Bergen County on January 7 in Book 15371, Page 270. THIS IS 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. Sid A. Messaoud, his wife and U.S. Bank, National Association, as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2 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. By: The Complaint is signed, Phelan Hallinan Diamond & Jones, PC Attorneys for Plaintiff Shirley E. Pimm, 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. Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1 RECEIVED June 8, 2016 On June 7, 2016, a Notice to Residential Tenants of Rights During Foreclosure was mailed by regular and certified mail to each Tenant and Inquilino at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301. Summons dated June 10, 2016 (See return of service for Sid A. Messaoud annexed hereto.) Notice of Dismissal as to Mrs. Sid A. Messaoud, his wife Filed June 23, 2016 2
Certification of Inquiry/Mailing for Out of State Business (as to U.S. Bank, National Association, as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2) RECEIVED June 27, 2016 (See copy annexed hereto.) Non-Contesting Answer Entered for U.S. Bank, National Association, as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2 Filed July 5, 2016 Powers Kirn, LLC, Attorneys for Defendant Request and Certification of Default as to Sid A. Messaoud Filed July 26, 2016 Default Filed July 26, 2016 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED August 22, 2016 On August 5, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Sid A. Messaoud at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301. More than ten days have passed since receipt of the notice by the debtor. Proof of Mailing RECEIVED August 25, 2016 On August 24, 2016, a copy of the filed default was mailed to Sid A. Messaoud at the address where he was served with summons and complaint. 3
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED September 7, 2016 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED September 19, 2016 Notice of Motion for Entry of Judgment Filed September 19, 2016 The Notice of Motion for Entry of Judgment is directed to Sid A. Messaoud at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301, and U.S. Bank, National Association, as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2, c/o Paige M. Bellino, Powers Kirn at 728 Marne Highway, Suite 200, Moorestown, NJ 08057 and 425 Walnut Street, Cincinnati, OH 45202. Proof of Service of Notice of Motion for Final Judgment RECEIVED September 19, 2016 On September 12, 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. Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED September 19, 2016 Sid A. Messaoud is not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. 4
Proof of Mailing RECEIVED September 19, 2016 On August 24, 2016, a copy of the filed default was mailed to Sid A. Messaoud at the address where he was served with summons and complaint. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED September 19, 2016 On August 5, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Sid A. Messaoud at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301. More than ten days have passed since receipt of the notice by the debtor. Certification of Costs/Search Fees RECEIVED September 19, 2016 Total fees requested $862.00. Proof of Amount Due and Schedule RECEIVED September 19, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $256,729.53 on its mortgage together with interest to grow due thereon from August 29, 2016. Letter to Court Requesting that the Final Judgment Package submitted on September 19, 2016 be Withdrawn Filed September 23, 2016 5
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED January 12, 2017 Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED January 27, 2017 Notice of Motion for Entry of Judgment Filed January 27, 2017 The Notice of Motion for Entry of Judgment is directed to Sid A. Messaoud at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301, and U.S. Bank, National Association, as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2, c/o Paige M. Bellino, Powers Kirn at 728 Marne Highway, Suite 200, Moorestown, NJ 08057 and 425 Walnut Street, Cincinnati, OH 45202. Proof of Service of Notice of Motion for Final Judgment RECEIVED January 27, 2017 On January 17, 2017, 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. 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. 6
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 Correcting Clerical Error RECEIVED January 27, 2017 Certification sets forth that paragraph 2 of the Legal Description incorrectly sets forth adjoining seven and half 7 ½ feet. Paragraph 2 of the Legal Description should be corrected to set forth adjoining seven and one half 7 ½ feet. Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED January 27, 2017 Sid A. Messaoud is not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Proof of Mailing RECEIVED January 27, 2017 On August 24, 2016, a copy of the filed default was mailed to Sid A. Messaoud at the address where he was served with summons and complaint. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED January 27, 2017 On August 5, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Sid A. Messaoud at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301. More than ten days have passed since receipt of the notice by the debtor. 7
Certification of Costs/Search Fees RECEIVED January 27, 2017 Total fees requested $862.00. Proof of Amount Due and Schedule RECEIVED January 27, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $265,277.15 on its mortgage together with interest to grow due thereon from January 4, 2017. (See copy annexed hereto.) Final Judgment Filed February 21, 2017 (See copy annexed hereto.) Plaintiff s Costs $3,764.77. Writ of Execution issued February 21, 2017 NOTE: WE FAIL TO FIND A COPY OF THE SHERIFF STATEMENT AND/OR REPORT OF SALE FILED IN THIS ACTION. Proof of Mailing RECEIVED March 7, 2017 On March 2, 2017, a copy of the filed Final Judgment was mailed by regular mail to each of the defendants. 8
Certification of Proof of Mailing RECEIVED June 30, 2017 On June 30, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Sid A. Messaoud at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301, and U.S. Bank, National Association, as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2, c/o Powers Kirn at 728 Marne Highway, Suite 200, Moorestown, NJ 08057, 425 Walnut Street, Cincinnati, OH 45202, and c/o BAC, M/C: CA6-91401-43, 1800 Tapo Sim Valley, CA 93063. Notice of Motion to Vacate Sheriff's Sale Filed July 26, 2018 Notices directed to Sid A. Messaoud at 459 Wilson Avenue, Lyndhurst, NJ 07071-3301, U.S. Bank, National Association, as Trustee for the holders of the CSFB Home Equity Trust Series 2006-2, c/o Powers Kirn at 728 Marne Highway, Suite 200, Moorestown, NJ 08057, 425 Walnut Street, Cincinnati, OH 45202, and c/o BAC, M/C: CA6-91401-43, 1800 Tapo Sim Valley, CA 93063, Bergen County Sheriff, Justice Center at 10 Main Street, Hackensack, NJ 07601, and Ihab David at 130 Notch Rd., Clifton, NJ 07013. Motion returnable August 17, 2018. Certification of Mailing Notice of Motion to Vacate Sheriff Sale RECEIVED July 26, 2018 On July 26, 2018, a copy of the Notice of Motion was sent by regular and certified mail to the parties to whom the notice is directed. Certification in Support of Motion to Vacate Sale RECEIVED July 26, 2018 Certification sets forth that the mortgaged premises was sold at Sheriff's Sale on June 15, 2018. The successful bidder at the sale, Ihab David, has failed to pay the balance due on the purchase price. 9
Brief in Support of Motion to Vacate Sheriff's Sale RECEIVED July 26, 2018 Letter to Court Requesting that the Motion to Vacate Sheriff's Sale be Withdrawn as funds have been received from the Sheriff's office Filed August 1, 2018 10
THIS CHANCERY ABSTRACT IS CERTIFIED TO MID STATE ABSTRACT COMPANY DATED: October 4, 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 11
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SWC F 015717-16 02/21/2017 Pg 1 of 3 Trans ID: CHC2017158741 775860 PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ 08054 856-813-5500 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CSMC MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-3 PLAINTIFF SID A. MESSAOUD, ET AL. DEFENDANT (S) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION BERGEN COUNTY DOCKET NO: F-015717-16 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 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 and subsequent encumbrances of the following answering defendant: U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB HOME EQUITY TRUST SERIES 2006-2 It is on this 21st day of February 2017, ORDERED and ADJUDGED that the plaintiff is entitled to have the sum of $265,277.15 together with interest at the Contract rate of 7.88% on $244,391.01 being the principal sum in default including advances from January 4, 2017 to 2/21/17
SWC F 015717-16 02/21/2017 Pg 2 of 3 Trans ID: CHC2017158741 and lawful interest thereafter on the total sum due to plaintiff together with costs of this suit to be taxed including counsel fee of $ 2802.77 raised and paid in the first place out of the mortgaged premises and that defendant, U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB HOME EQUITY TRUST SERIES 2006-2, is secondly entitled to have the sum of $ together with the lawful interest from, the taxed costs, raised and paid 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: SID A. MESSAOUD 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, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., CSMC MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-3, in the sum of $265,277.15 together with contract and lawful interest thereon to be computed as aforesaid, the plaintiff s costs to be taxed, with interest thereon, and that the defendant, U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB HOME EQUITY TRUST SERIES 2006-2, be paid in the second place in the sum of $ together with lawful interest thereon to be computed and the defendant's costs to be taxed, with interest thereon as aforesaid and that an execution for the purpose be duly issued out of this Court directed to the Sheriff of BERGEN County, commanding said Sheriff to make sale according to
SWC F 015717-16 02/21/2017 Pg 3 of 3 Trans ID: CHC2017158741 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 the second place to the defendant, U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB HOME EQUITY TRUST SERIES 2006-2, with interest thereon as aforesaid and said defendant'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.). /s/ Paul Innes, P.J.Ch Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE