GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT ROYAL TAX LIEN SERVICES, LLC d/b/a CRUSADER LIEN SERVICES, LLC vs. Plaintiff, POINT PLEASANT LANDCO, L. L. C. STATE OF NEW JERSEY Defendants, SUPERIOR COURT OF NEW JERSEY OCEAN COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to FIDELITY NATIONAL TITLE GROUP 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 # TITLE OFFICER

2 Complaint to Foreclose of Tax Sale Certificate FILED April 14, 2010 Honig & Greenberg, L.L.C., Attorneys for Plaintiff This is a foreclosure proceeding and the intention of this complaint is to make the Plaintiff the owner of the real property described herein. The reason this complaint is filed is because there are unpaid municipal liens such as taxes, water, sewer, or otherwise, concerning the property. This complaint seeks to terminate, eliminate, and end all of the rights which any of the Defendants have in or to the property. If final judgment is entered in this foreclosure, the Plaintiff will seek possession of the property, which means that current occupants or tenants may be evicted or removed from the property. The plaintiff is the holder of the Tax Sale Certificate(s) which affect the property, and the details of these certificate(s) is/are set forth later in this complaint. The required time period(s) have elapsed since the tax sale(s) was held and redemption, also known as repayment, has not taken place. There is due on the certificate(s) the amount of the tax sale, together with subsequent liens, permitted charges, and interest as allowed by law. All municipal liens against the property have been paid to the time of the filing of this complaint and/or Plaintiff is ready and willing to pay all municipal liens against the property up to and including the filing of this complaint. 1

3 Any claim or interest which any of the Defendants named in this complaint may have in the property is junior and subject to Plaintiff's tax sale certificate(s). Any Defendant who is not the owner of the property his/her heirs, the holder of a mortgage or prior tax sale certificate, or occupant having a lawful right in the property, is specifically alleged not to have the right to redeem the property from tax sale, and Plaintiff seeks judgment determining same. If any Defendant has the lawful right to redeem, they must do so in accordance with Tax Sale Law N.J.S. 54:1 et seq. During the course of this action, Plaintiff may pay additional municipal liens that have accrued on said lands after the tax sale(s), in which case Plaintiff will be entitled to collect the amount(s) paid plus interest thereon at the rate(s) permitted by law and will become part of the amount required to redeem the property from tax sale. Upon the entry of judgment, the plaintiff will be entitled to possession of the property and demands judgment for such possession. If necessary, Plaintiff will apply for a Writ of Possession which will direct the County Sheriff to evict or remove the occupants of the property. At a sale(s) of lands for unpaid municipal liens held by the tax collector of the municipality, the property was sold, in fee simple and subject to redemption and a tax sale certificate(s) was issued setting for the details of that sale(s). After the said sale(s), the tax collector made, executed and delivered to the purchaser a tax sale certificate(s), which certificate was duly recorded in the Office of the Clerk/Register in the County where the property is located. The details of the tax sale(s), the real property, and the tax sale certificate(s), as well as the purchaser of the certificate(s) and current holder by assignment, if applicable, are set forth on a Schedule attached to this complaint and which is incorporated here as if repeated at length. 2

4 The record owner of the lands and premises is Point Pleasant Landco, L.L.C.and such owner is named as a proper party defendant to this action to foreclose its interest, and that of its successors, in the land and premises described in this Count of the Complaint. State of New Jersey is joined as a party defendant to the within foreclosure proceeding by virtue of any franchise taxes that may be due and owing from the present or a prior corporate owner of the property. WHEREFORE, Plaintiff demands judgment as follows: Determining how much is required to redeem the tax sale certificate, including interest and costs, and determining if necessary who has the right to redeem the property; Setting a final date by which the tax sale certificate must be redeemed; If redemption is not made, entering a judgment which makes the Plaintiff the owner of the property free and clear of any and all claims of all of the defendants and all persons claiming by, through or under them, and barring and foreclosing all equity and right of redemption which any of the defendants may have or claim to have in the property described herein; Directing that Plaintiff be vested with an absolute and indefeasible estate of inheritance in fee simple in said lands and premises; If the United States of America is a defendant, plaintiff demands that a judgment be entered determining the amount due Plaintiff and that an execution be issued therefore directing a judicial sale of the lands and premises and that the successful purchaser at such sale be vested with title to the premises; That Plaintiff be entitled to possession of the property from the defendants, together with all deeds, papers and writings in the defendants' custody, and if necessary directing the eviction or removal of the defendants by the County Sheriff. By: The Complaint is signed, Honig & Greenberg, L.L.C. Adam D. Greenberg Attorneys for Plaintiff 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. 3

5 Summons dated January 11, 011 (See return of service for Point Pleasant Landco, LLC annexed hereto.) Notice to State FILED January 19, 2011 Service of the Notice to State and a copy of the Complaint is acknowledged for the State of New Jersey on October 26, Paula T. Dow, Attorney General, by: Annette Smallacombe. Request and Certification of Default as to State of New Jersey FILED January 19, 2011 Default FILED January 19, 2011 Tax Collector Certification Establishing Payment of Subsequent Municipal Liens FILED March 18, 2011 Certification by the Collector of Taxes of the Township of Bloomfield sets forth that there are no unpaid municipal liens on the subject premises through the date of the commencement of this action. Certification of Non-Military Service Received August 17, 2015 Certification sets forth that the military status of Mark Larsen could not be ascertained due to lack of sufficient information. 4

6 Certification of Search Fees and Notice to Owner/Mortgagees FILED March 18, 2011 Total fees requested: $1, On December 14, 2007, a 30 day letter was sent to the tax collector and to all interested parties pursuant to N.J.S.A. 54: Certification of Amount Due FILED March 18, 2011 Certification by a representative of plaintiff sets forth that is due the sum total of $70, on its tax sale certificate. Tax Collector Certification Establishing Payment of Subsequent Municipal Liens FILED March 18, 2011 Certification by the Collector of Taxes of the Township of Bloomfield sets forth that there are no unpaid municipal liens on the subject premises through the date of the commencement of this action. Order Setting Date, Time, Place and Amount of Redemption Filed October 27, 2011 (See copy annexed hereto.) Plaintiff s Costs $1, Notice of Motion to Substitute Plaintiff FILED July 3, 2012 Notice directed to Point Pleasant Lando, LLC and State of New Jersey. 5

7 Proof of Filing and Service RECEIVED July 3, 2012 On, a copy of the Notice of Motion to Substitute Plaintiff and supporting documents were sent by regular and certified mail to: Point Pleasant Landco LLC, c/o Glenn Davis, R.A., 350 Ernston Road, Parlin, NJ 08859; and State of New Jersey, c/o Attorney General of NJ, PO Box 112, Trenton, NJ Certification in Support of the Substitution of Plaintiff Pursuant to R. 4:34-3 (b) RECEIVED July 3, 2012 Certification sets forth that the tax sale certification was assigned to WRCC, LLC. Order Substituting Plaintiff FILED August 7, 2012 It is on this 7th day of August, 2012, ORDERED that WRCC, LLC be substituted as the plaintiff and that the complaint and all pleadings in this action be amended to substitute WRCC, LLC in the place and stead of the original plaintiff. Proof of Mailing of Order Fixing Amount, Time and Place for Redemption and Copy of Entry of Default FILED September 5, 2012 On November 16, 2011, a copy of the Order Fixing Amount, Time and Place for Redemption, Filed Default, and Notice to Residential Tenants of Rights During Foreclosure were sent via regular and certified mail to the following parties: Point Pleasant Landco, LLC, State of New Jersey, and Tenant. 6

8 Tax Collector Certification of Non-Redemption FILED September 5, 2016 Certification by the Tax Collector of the Borough of Point Pleasant Beach sets forth that none of the defendants nor any person acting on their behalf paid or offered to pay the plaintiff the amount required to redeem the premises from the lien of the plaintiff s tax sale certificate. Further, there are no unpaid municipal liens due to the municipality through the date of commencement of this action. Final Judgment FILED September 6, 2012 (See copy annexed hereto.) Proof of Mailing Final Judgment RECEIVED September 25, 2012 On September 19, 2012 a copy of the Final Judgment was mailed to Point Pleasant Landco, LLC and State of New Jersey at the addresses where they were served the summons and complaint. 7

9 THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: June 26, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax dja 8

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