GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT WELLS FARGO BANK, NA vs. Plaintiff, MARY ATKINS, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest WILLIAM ATKINS BEVERLY MITCHELL, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest LISA M. SMITH MR. SMITH, husband of Lisa M. Smith MIA M. SMITH MR. SMITH, husband of Mia M. Smith FREDDIE J. SMITH, JR. MRS. FREDDIE J. SMITH, JR., his wife PAMELA MITCHELL MR. MITCHELL, husband of Pamela Mitchell DONNA ATKINS JUDY BUSH LORI RICHARDSON KAPLAN RADOL FIELDS & KAPLAN, LLP NOVA LEASING CO OF NEW JERSEY LLC EQUITY ONE INC. HOSPITAL & DOCTORS SERVICE BUREAU, Assignee DANIELE L. DOBSON RICHARD PERRY STATE OF NEW JERSEY UNITED STATES OF AMERICA Defendants, SUPERIOR COURT OF NEW JERSEY BERGEN COUNTY DOCKET NO. F-025473-13
GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to DATA TRACE/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. YOUR REFERENCE # BRIGHTLINEBNJ18-70736 TITLE OFFICER
Complaint to Foreclose Filed July 22, 2013 Phelan Hallinan & Diamond, PC, Attorneys for Plaintiff Summons dated July 26, 2013 (See returns of service for William Atkins, Beverly Mitchell, Donna Atkins, Judy Bush, Kaplan Radol Fields & Kaplan, LLP, Lori Richardson, Nova Leasing Co of New Jersey LLC, and United States of America - NJ annexed hereto.) Summons dated September 6, 2013 (See return of service for Equity One Inc. annexed hereto.) Notice of Partial Dismissal as to Unknown Tenants, Mr. Richardson, husband of Lori Richardson, Mr. Bush, husband of Judy Bush, Mr. Atkins, husband of Donna Atkins, Mr. Mitchell, husband of Beverly Mitchell, and Mrs. William Atkins, his wife Filed April 9, 2014 Certification of Mailing (as to United States of America - DC) RECEIVED June 5, 2014 (See copy annexed hereto.) Certification of Inquiry/Mailing and Publication (as to Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest) RECEIVED June 5, 2014 (See copy annexed hereto.) 1
Certification of Inquiry/Mailing and Publication (as to Hospital & Doctors Service Bureau, Assignee) RECEIVED June 5, 2014 (See copy annexed hereto.) Notice to State RECEIVED June 5, 2014 Service of the within notice and copy of the Complaint are hereby acknowledged for the State of New Jersey on July 29, 2013 John J. Hoffman, Acting Attorney General, by: Annette Smallcombe. Notice of Partial Dismissal as to Mr. Atkins, husband of Mary Atkins Filed June 11, 2014 Notice of Motion for Entry of Default Filed July 11, 2014 Notices directed to Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, William Atkins, Beverly Mitchell, Donna Atkins, Judy Bush, Kaplan Radol Fields & Kaplan, LLP, Lori Richardson, Nova Leasing Co of New Jersey LLC, United States of America, State of New Jersey, Equity One Inc., and Hospital & Doctors Service Bureau, Assignee. Proof of Mailing Notice of Motion for Entry of Default RECEIVED July 11, 2014 (See copy annexed hereto.) 2
Certification in Support of Notice of Motion for Default RECEIVED July 11, 2014 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. Order for Entry of Default Filed September 18, 2014 It is on this 18th day of September, 2014 ORDERED that default is hereby entered against the defendants: Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, William Atkins, Beverly Mitchell, Donna Atkins, Judy Bush, Kaplan Radol Fields & Kaplan, LLP, Lori Richardson, Nova Leasing Co of New Jersey LLC, United States of America, State of New Jersey, Equity One Inc., and Hospital & Doctors Service Bureau, Assignee. Default Filed September 18, 2014 Proof of Mailing RECEIVED October 1, 2014 On September 30, 2014, 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 October 16, 2014 On September 30, 2014, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their 3
successors in right, title and interest at 204 Passaic Street, Hackensack, NJ 07601-3525, William Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525Ñ, Beverly Mitchell at 204 Passaic Street, Hackensack, NJ 07601-3525, Donna Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525 and 22 Douglas Avenue, Floor 1, Somerset, NJ 08873-3327, Judy Bush at 204 Passaic Street, Hackensack, NJ 07601-3525 and 196 Poplar Avenue, Hackensack, NJ 07601-2816, and Lori Richardson at 204 Passaic Street, Hackensack, NJ 07601-3525. More than ten days have passed since receipt of the notice by the debtors. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED May 6, 2015 On May 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: Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest at 204 Passaic Street, Hackensack, NJ 07601-3525, William Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525Ñ, Beverly Mitchell at 204 Passaic Street, Hackensack, NJ 07601-3525, Donna Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525 and 22 Douglas Avenue, Floor 1, Somerset, NJ 08873-3327, Judy Bush at 204 Passaic Street, Hackensack, NJ 07601-3525 and 196 Poplar Avenue, Hackensack, NJ 07601-2816, and Lori Richardson at 204 Passaic Street, Hackensack, NJ 07601-3525. More than ten days have passed since receipt of the notice by the debtors. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED May 12, 2015 On April 21, 2015, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest at 204 Passaic Street, Hackensack, NJ 07601-3525, William Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525Ñ, Beverly Mitchell at 204 Passaic Street, Hackensack, NJ 07601-3525, Donna Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525 and 22 Douglas Avenue, Floor 1, Somerset, NJ 08873-3327, Judy Bush at 204 Passaic Street, Hackensack, NJ 07601-3525 and 196 Poplar Avenue, Hackensack, NJ 07601-2816, and Lori Richardson at 204 Passaic Street, Hackensack, NJ 07601-3525. More than ten days have passed since receipt of the notice by the debtors. 4
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED May 28, 2015 Amended Complaint to Foreclose Filed June 18, 2015 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Mary Atkins and William B. Atkins to Wells Fargo Bank, NA to secure the sum of $469,342.50. Obligation and mortgage dated July 25, 2005. The mortgage was recorded in Bergen County on September 20, 2005 in Book 14881, Page 299. THIS IS A NON PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. William Atkins is aka William J. Atkins. Beverly Mitchell is aka Beverly R. Mitchell. Lori Richardson is aka Lori M. Richardson. Freddie J. Smith, Jr. is aka Freddie Smith. Freddie J. Smith, Jr. is aka Freddie Smith, Jr. 5
2008. Upon information and belief, William B. Atkins departed this life on April 12, Upon information and belief, Mary Atkins departed this life on May 7, 2009. Upon information and belief, Beverly R. Mitchell departed this life on September 7, 2013. William Atkins, Beverly Mitchell, Lisa M. Smith, Mr. Smith, husband of Lisa M. Smith, Mia M. Smith, Mr. Smith, husband of Mia M. Smith, Freddie J. Smith, Jr., Mrs. Freddie J. Smith, Jr., his wife, Pamela Mitchell, Mr. Mitchell, Husband of Pamela Mitchell, Donna Atkins, Judy Bush, Lori Richardson, Kaplan Radol Fields & Kaplan, LLP, Nova Leasing Co of New Jersey LLC, Equity One Inc., Hospital & Doctors Service Bureau, Assignee, Daniele L. Dobson, Richard Perry, State of New Jersey, United States of America, and the heirs, devisees, etc of Mary Atkins and Beverly Mitchell 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 Amended Complaint. 6
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 Amended Complaint annexed hereto. By: The Amended 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 AMENDED COMPLAINT FAILS TO SPECIFICALLY STATE THAT PLAINTIFF HAS RECEIVED AND REVIEWED THE TITLE SEARCH. Summons dated June 24, 2015 (See returns of service for Pamela Mitchell, annexed hereto.) Certification of Mailing the Amended Complaint RECEIVED August 13, 2015 On July 9, 2015, a copy of the Amended Complaint and Mediation Package was sent by regular and certified mail to William Atkins at 204 Passaic Street, Hackensack, NJ 07601. Certification of Mailing the Amended Complaint RECEIVED August 13, 2015 On July 9, 2015, a copy of the Amended Complaint and Mediation Package was sent by regular and certified mail to Lori Richardson at 204 Passaic Street, Hackensack, NJ 07601. 7
Certification of Mailing the Amended Complaint RECEIVED August 13, 2015 On July 9, 2015, a copy of the Amended Complaint was sent by regular and certified mail to Nova Leasing Co of New Jersey LLC at 32 Central Avenue, Midland Park, NJ 07432. Certification of Mailing the Amended Complaint RECEIVED August 13, 2015 On July 9, 2015, a copy of the Amended Complaint and Mediation Package was sent by regular and certified mail to Judy Bush at 196 Poplar Avenue, Hackensack, NJ 07601. Certification of Mailing the Amended Complaint RECEIVED August 13, 2015 On July 9, 2015, a copy of the Amended Complaint was sent by regular and certified mail to State of New Jersey, Office of the Attorney General at 25 Market Street, PO Box 080, Trenton, NJ 08625. Certification of Mailing RECEIVED August 13, 2015 On July 9, 2015, a copy of the Amended Complaint was sent by regular and certified mail to United States of America in Washington, DC 20530 and Newark, NJ 07102. Summons dated November 23, 2015 (See return of service for Hospital & Doctors Service Bureau, Assignee annexed hereto.) 8
Summons dated January 13, 2016 (See return of service for Equity One Inc. annexed hereto.) Certification of Inquiry/Mailing (as to Daniele L. Dobson) RECEIVED January 29, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing (as to Mr. Smith, husband of Lisa M. Smith, Mr. Smith, husband of Mia M. Smith, Mrs. Freddie J. Smith, Jr., his wife, and Mr. Mitchell, husband of Pamela Mitchell) RECEIVED January 29, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing (as to Donna Atkins) RECEIVED April 25, 2016 (See copy annexed hereto.) Certification of Inquiry/First name of Spouse Unknown RECEIVED May 18, 2016 Certification sets forth that the real, actual names of Mr. Smith, husband of Lisa M. Smith, Mr. Smith, husband of Mia M. Smith, Mrs. Freddie J. Smith, Jr., his wife, and Mr. Mitchell, husband of Pamela Mitchell could not be ascertained. 9
Certification of Inquiry/Mailing and Publication (as to Beverly Mitchell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest) RECEIVED June 16, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing and Publication (as to Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest) RECEIVED June 16, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing and Publication (as to Lisa M. Smith) RECEIVED June 16, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing and Publication (as to Kaplan Radol Fields & Kaplan, LLP) RECEIVED June 16, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing and Publication (as to Mia M. Smith) RECEIVED June 16, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing and Publication (as to Richard T. Perry) RECEIVED June 16, 2016 (See copy annexed hereto.) 10
Certification of Inquiry/Mailing and Publication (as to Freddie J. Smith, Jr.) RECEIVED June 16, 2016 (See copy annexed hereto.) NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRIES AS TO BEVERLY MITCHELL, HER HEIRS, DEVISEES, ETC., MARY ATKINS, HER HEIRS, DEVISEES, ETC., LISA M. SMITH, KAPLAN RADOL FIELDS & KAPLAN LLP, MIA M. SMITH, RICHARD T. PERRY, AND FREDDIE J. SMITH, JR.. FURTHER, WE FAIL TO FIND ANY INDICATION IN THE INQUIRY THAT LISA M. SMITH, MIA M. SMITH, RICHARD T. PERRY, AND FREDDIE J. SMITH, JR. ARE ALIVE EVEN THOUGH THEIR PRESENT WHEREABOUTS CANNOT BE ASCERTAINED. THEY ARE NOT JOINED WITH THE EXPRESSION THEIR HEIRS, DEVISEES, ETC. Notice of Motion for Entry of Default Filed June 23, 2016 Notices directed to William Atkins, Pamela Mitchell, Judy Bush, Lori Richardson, Nova Leasing Co of New Jersey LLC, Hospital & Doctors Service Bureau, Assignee, Mr. Smith, husband of Lisa M. Smith, Mr. Smith, husband of Mia M. Smith, Mrs. Freddie J. Smith, Jr., his wife, Mr. Mitchell, husband of Pamela Mitchell, and State of New Jersey. Proof of Mailing Notice of Motion for Entry of Default RECEIVED June 23, 2016 (See copy annexed hereto.) 11
Certification in Support of Notice of Motion for Default RECEIVED June 23, 2016 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. Notice of Motion for Entry of Default Filed July 1, 2016 Notices directed to United States of America, c/o US Attorney General District NJ, Federal Bldg at 970 Broad Street, Newark, NJ 07102-2534 and c/o Attorney General at 950 Pennsylvania Ave., NW RM 4545, Washington, DC 20530-0001. Proof of Mailing Notice of Motion for Entry of Default RECEIVED July 1, 2016 On June 30, 2016, a copy of the Motion for Entry of Default was sent by regular and certified mail to the parties to whom the notice is directed. Certification in Support of Notice of Motion for Default RECEIVED July 1, 2016 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 Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, Beverly Mitchell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, Lisa M. Smith, Mia M. Smith, Freddie J. Smith, Jr., Donna Atkins, Kaplan Radol Fields & Kaplan, LLP, Equity One Inc., Daniele L. Dobson, and Richard Perry Filed July 5, 2016 12
NOTE: CONSIDERATION SHOULD BE GIVEN AS TO WHETHER DANIELE L. DOBSON SHOULD HAVE BEEN DEFAULTED ON THROUGH A MOTION AS REQUEST FOR ENTRY OF DEFAULT WAS NOT SUBMITTED TO THE COURT WITHIN THE TIME PROVIDED BY THE RULES. Default Filed July 5, 2016 Order for Entry of Default Filed July 27, 2016 It is on this 27th day of July, 2016 ORDERED that default is hereby entered against the defendants: William Atkins, Pamela Mitchell, Judy Bush, Lori Richardson, Nova Leasing Co of New Jersey LLC, Hospital & Doctors Service Bureau, Assignee, Mr. Smith, husband of Lisa M. Smith, Mr. Smith, husband of Mia M. Smith, Mrs. Freddie J. Smith, Jr., his wife, Mr. Mitchell, husband of Pamela Mitchell, and State of New Jersey. Default Filed July 27, 2016 Order for Entry of Default Filed August 2, 2016 It is on this 2nd day of August, 2016 ORDERED that default is hereby entered against the defendants: United States of America. 13
Default Filed August 2, 2016 Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED October 27, 2016 On August 18, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest at 204 Passaic Street, Hackensack, NJ 07601-3525, William Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525Ñ, Beverly Mitchell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest at 204 Passaic Street, Hackensack, NJ 07601-3525, Donna Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525 and 22 Douglas Avenue, Floor 1, Somerset, NJ 08873-3327, Judy Bush at 204 Passaic Street, Hackensack, NJ 07601-3525 and 196 Poplar Avenue, Hackensack, NJ 07601-2816, Lori Richardson at 204 Passaic Street, Hackensack, NJ 07601-3525, Lisa M. Smith at 204 Passaic Street, Hackensack, NJ 07601-3525, Mia M. Smith at 204 Passaic Street, Hackensack, NJ 07601-3525, Freddie J. Smith, Jr. at 204 Passaic Street, Hackensack, NJ 07601-3525 and 909 Sheffield Road, Teaneck, NJ 07666, and Pamela Mitchell at 204 Passaic Street, Hackensack, NJ 07601-3525 and 15 McKinley Ave., Lodi, NJ 07644-2918. More than ten days have passed since receipt of the notice by the debtors. Proof of Mailing RECEIVED November 15, 2016 On October 18, 2016, a copy of the filed default was mailed to each of the defendants at the addresses where they were served with summons and complaint. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED April 26, 2017 14
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED May 19, 2017 Notice of Motion for Entry of Judgment Filed May 19, 2017 The Notice of Motion for Entry of Judgment is directed to Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, William Atkins, Beverly Mitchell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, Lisa M. Smith, Mr. Smith, husband of Lisa M. Smith, Mia M. Smith, Mr. Smith, husband of Mia M. Smith, Freddie J. Smith, Jr., Mrs. Freddie J. Smith, Jr., his wife, Pamela Mitchell, Mr. Mitchell, husband of Pamela Mitchell, Donna Atkins, Judy Bush, Lori Richardson, Kaplan Radol Fields & Kaplan, LLP, Nova Leasing Co of New Jersey LLC, Equity One Inc., Hospital & Doctors Service Bureau, Assignee, Daniele L. Dobson, Richard Perry, State of New Jersey, and United States of America. Proof of Service of Notice of Motion for Final Judgment RECEIVED May 19, 2017 (See copy annexed hereto.) 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. Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED May 19, 2017 Mary Atkins, William Atkins, Lisa M. Smith, Mia M. Smith, Freddie J. Smith, Jr., Pamela Mitchell, Donna Atkins, Judy Bush, Lori Richardson, Beverly Mitchell, and Richard Perry not in the military service. Report(s) from the Department of Defense 15
Manpower Data Center annexed thereto. Due to lack of a social security number, plaintiff cannot determine whether Mr. Smith, husband of Lisa M. Smith, Mr. Smith, husband of Mia M. Smith, Mrs. Freddie J. Smith, Jr., his wife, Mr. Mitchell, husband of Pamela Mitchell, and Daniele L. Dobson are in the military service. Proof of Mailing RECEIVED May 19, 2017 On October 18, 2016, 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 May 19, 2017 On August 18, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to each at the following addresses: Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest at 204 Passaic Street, Hackensack, NJ 07601-3525, William Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525Ñ, Beverly Mitchell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest at 204 Passaic Street, Hackensack, NJ 07601-3525, Donna Atkins at 204 Passaic Street, Hackensack, NJ 07601-3525 and 22 Douglas Avenue, Floor 1, Somerset, NJ 08873-3327, Judy Bush at 204 Passaic Street, Hackensack, NJ 07601-3525 and 196 Poplar Avenue, Hackensack, NJ 07601-2816, Lori Richardson at 204 Passaic Street, Hackensack, NJ 07601-3525, Lisa M. Smith at 204 Passaic Street, Hackensack, NJ 07601-3525, Mia M. Smith at 204 Passaic Street, Hackensack, NJ 07601-3525, Freddie J. Smith, Jr. at 204 Passaic Street, Hackensack, NJ 07601-3525 and 909 Sheffield Road, Teaneck, NJ 07666, and Pamela Mitchell at 204 Passaic Street, Hackensack, NJ 07601-3525 and 15 McKinley Ave., Lodi, NJ 07644-2918. More than ten days have passed since receipt of the notice by the debtors. Certification of Costs/Search Fees RECEIVED May 19, 2017 Total fees requested $611.76. 16
Proof of Amount Due and Schedule RECEIVED May 19, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $338,037.23 on its mortgage together with interest to grow due thereon from March 29, 2017. (See copy annexed hereto.) Final Judgment Filed June 15, 2017 (See copy annexed hereto.) Plaintiff s Costs $4,216.10. Writ of Execution issued June 15, 2017 and not yet returned. NOTE: WE FAIL TO FIND A COPY OF THE SHERIFF STATEMENT AND/OR REPORT OF SALE FILED IN THIS ACTION. Proof of Mailing RECEIVED June 28, 2017 On June 27, 2017 a copy of the filed Final Judgment was mailed by regular mail to each of the defendants. 17
Certification of Proof of Mailing RECEIVED August 18, 2017 On August 17, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to Mary Atkins, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, William Atkins, Beverly Mitchell, her heirs, devisees and personal representatives, and her, their, or any of their successors in right, title and interest, Pamela Mitchell, Donna Atkins, Judy Bush, Lisa M. Smith, Mia M. Smith, Freddie J. Smith, Jr., Lori Richardson, State of New Jersey, and United States of America at the addresses at which they were served with process. Appearance Entered for Federal National Mortgage Association Filed June 20, 2018 Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff s Assignee Assignment of Bid RECEIVED June 20, 2018 (See copy annexed hereto.) Certification in Support of Issuance of Writ of Possession Filed June 20, 2018 Certification sets forth that the Plaintiff was the successful bidder at the Sheriff s Sale held on June 1, 2018. Writ of Possession issued June 21, 2018 and not yet returned. 18
THIS CHANCERY ABSTRACT IS CERTIFIED TO DATA TRACE/BRIGHTLINE TITLE 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 19
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SWC F 025473-13 06/15/2017 Pg 1 of 3 Trans ID: CHC2017475452 641189 PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ 08054 856-813-5500 Attorney for Plaintiff WELLS FARGO BANK, N.A. PLAINTIFF MARY ATKINS, HER HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST, ET AL. DEFENDANT (S) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION BERGEN COUNTY DOCKET NO: F-025473-13 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 it appearing from the plaintiff's certification filed in the within matter that the plaintiff has made an investigation but is unable to determine whether the defaulting defendant(s) MR. SMITH, HUSBAND OF LISA M. SMITH, MR. SMITH, HUSBAND OF MIA M. SMITH, MRS. FREDDIE J. SMITH, JR., HIS WIFE, MR. MITCHELL, HUSBAND OF PAMELA MITCHELL, DANIELE L. DOBSON, is/are in the military service and good reason appearing that the judgment applied for should be granted at this time and that the judgment should be entered without the filing of a Servicemembers Civil Relief Act bond; 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 sufficient cause appearing:
SWC F 025473-13 06/15/2017 Pg 2 of 3 Trans ID: CHC2017475452 It is on this 15 th day of June, 2017 ORDERED and ADJUDGED that the plaintiff is entitled to have the sum of $338,037.23 together with lawful interest from March 29, 2017 together with costs of this suit to be taxed including counsel fee of $3,530.34 raised and paid in the first place out of the mortgaged premises and it is further ordered that the plaintiff, its assignee or purchaser at sale recover against the following defendants: MARY ATKINS, HER HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST, WILLIAM B. ATKINS, BEVERLY MITCHELL HER HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES, AND HER, THEIR, OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST, LISA M. SMITH, MR. SMITH, HUSBAND OF LISA M. SMITH, MIA M. SMITH, MR. SMITH, HUSBAND OF MIA M. SMITH, FREDDIE J. SMITH, JR., MRS. FREDDIE J. SMITH, JR., HIS WIFE, PAMELA MITCHELL, MR. MITCHELL, HUSBAND OF PAMELA MITCHELL, DONNA ATKINS, JUDY BUSH, AND LORI RICHARDSON 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, WELLS FARGO BANK, N.A., in the sum of $338,037.23 together with lawful interest thereon to be computed as aforesaid, the plaintiff s costs to be taxed, with interest thereon, 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 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 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
SWC F 025473-13 06/15/2017 Pg 3 of 3 Trans ID: CHC2017475452 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 except as provided by 28 U.S.C. 2410. It is further ORDERED and ADJUDGED that the lien of DANIELE L. DOBSON is debarred and foreclosed as to any and all sums accrued after the recording of plaintiffs' mortgage. It is further ORDERED AND ADJUDGED that the question of priority between plaintiff and the defendant United States of America as to late charges and any interest on advances shall await surplus money proceedings, if any. 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.) or rights afforded by the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq. or N.J.S.A. 38:23C-4. /s/ Paul Innes, P.J.Ch. Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE
SWC-F-025473-13 06/20/2018 12:01:59 PM Pg 2 of 3 Trans ID: CHC2018358203 641189 PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ 08054 856-813-5500 Attorney for Plaintiff WELLS FARGO BANK, N.A. PLAINTIFF, VS. MARY ATKINS, HER HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST, ET AL DEFENDANTS SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION BERGEN COUNTY DOCKET NO. F-025473-13 CIVIL ACTION ASSIGNMENT OF BID For value received, plaintiff, whose name is set forth in 1-A following does assign, set over and transfer unto: FEDERAL NATIONAL MORTGAGE ASSOCIATION 14221 DALLAS PARKWAY, SUITE 1000 DALLAS, TX 75254, certain bid made by it at sale held on the date set forth in 1-B following, of the premise forth in 1-C following conducted by the Sheriff of the County set forth in 1-D following, which sale arose out of a suit instituted by said plaintiff to foreclose a mortgage on said premises to be executed and delivered by the Sheriff to the Assignee. 1-A: WELLS FARGO BANK, N.A. 1-B: June 1, 2018 NJID 641189 F-025473-13
SWC-F-025473-13 06/20/2018 12:01:59 PM Pg 3 of 3 Trans ID: CHC2018358203 1-C: 204 PASSAIC STREET, HACKENSACK, NJ 07601-3525 1-D: BERGEN COUNTY WELLS FARGO BANK, N.A. By: /s/ Dana N. Marks Dana N. Marks, Esq. Attorney for Plaintiff NJID 641189 F-025473-13