GREATER ATLANTIC LEGAL SERVICES, INC.

Transcription

1 GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT REVERSE MORTGAGE SOLUTIONS, INC. vs. Plaintiff, OTTO SODOMA, his heirs, devisees and personal representative, and his/her, their or any of their successors in right, title, and interest; ERIC SODOMA, Known Heir of Otto Sodoma; MARK SODOMA AS ADMINISTRATOR of Estate of Otto Sodoma; STATE OF NEW JERSEY; UNITED STATES OF AMERICA; JANE DOE, TENANT (Names Being Fictitious); JOHN DOE, TENANT (Names Being Fictitious); LEISURE VILLAGE WEST ASSOCIATION INC., Defendants, SUPERIOR COURT OF NEW JERSEY OCEAN COUNTY DOCKET NO. F GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to VESTA LAND TRANSFER 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. GREATER ATLANTIC LEGAL SERVICES, INC. YOUR REFERENCE # TITLE OFFICER

2 Complaint to Foreclose Filed January 6, 2015 Udren Law Offices, P.C., Attorneys for Plaintiff Summons dated January 7, 2015 (See return of service United States of America, Leisure Village West Association, Inc., annexed hereto.) NON CONTESTING Answer entered for Leisure Village West Association, Inc. Filed January 22, 2015 McGovern Legal Services, LLC, Attorney for Defendant Consent Order to File Amended Complaint to Correct Descendant Information and Further Add Leisure Village West Association Inc. Filed July 2, 2015 Amended Complaint to Foreclose Filed July 20, 2015 Udren Law Offices, P.C., Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Otto Sodoma to US Mortgage Corp. to secure the sum of $180, Obligation and mortgage dated April 25, The mortgage was recorded in Ocean County on May 5, 2008 in Book 14000, Page This is a Non Purchase Money Mortgage. 1

3 A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. The mortgage was subsequently assigned to plaintiff by assignment (s) more particularly set forth in the annexed copy of the Amended Complaint. Title to said premises was vested in Otto Sodoma who departed this life on February 6, Otto was the mortgagor on the subject mortgage. Mark Sodoma, Administrator of the Estate of Otto Sodoma transferred title to the property to Leisure Village West Association, Inc on December 29, Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest are hereby joined as precaution that there are heirs unknown to the plaintiff. John Doe and Jane Doe, Tenants (names being Fictitious), Eric Sodoma, known heir of Otto Dodoma, Mark Sodoma, known heir of Otto Sodoma, State of New Jersey and United States of America and Leisure Village West Association, Inc. are hereby made party defendants for reasons more particularly set forth in the annexed copy of the Amended Complaint. If one or more Fictitious Spouses are named as Defendants, it is because one or more party Defendants executed the Note, Mortgage or Deed as a single person. The Deed does not set forth the marital status of said Defendants at the time title to the mortgaged premises was acquired and/or executing the Note and Mortgage. In the event that said Defendants were married at the time of or subsequent to taking title to the property or executing the Note and Mortgage, a Fictitious Spouse is made a Defendant by virtue of any interest whatsoever he or she may have acquired in the mortgaged premises, including but not limited to any possessory, curtesy or dower interest he or she may hold in the premises as the spouse the record Owner(s). The names of aforementioned Fictitious Spouse/s are not known at this time. Title to the mortgaged 2

4 premises is vested only in Leisure Village West Association, Inc. 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; Appointing a receiver of rents, issues and profits of the lands described above. SECOND COUNT Plaintiff repeats the allegations above in the First Count and makes the same a part hereof as though repeated at length The plaintiff became entitled to possession of the premises described in the First Count. The defendants have or may claim to have certain rights in the premises and have deprived the plaintiff of possession of the premises aforesaid. WHEREFORE, Plaintiff demands judgment against the defendants: That plaintiff, or the purchaser at the foreclosure sale recover possession of the mortgaged premises against said defendants or anyone holding under them; For damages for mesne profits; For costs. 3

5 By: The Amended Complaint is signed, UDREN LAW OFFICES, P.C. Attorneys for Plaintiff Elizabeth L. Wassall, Esquire Notice of Voluntary Dismissal as to Jane Doe, Tenant (Name being fictitious), and John Doe, Tenant (Name being fictitious) Filed January 11, 2016 Certification of Service of Amended Complaint RECEIVED February 24, 2016 On August 10, 2015, a copy of the Amended Complaint was sent via certified and regular mail to State of New Jersey-Office of Attorney general, Hughes Justice Complex, PO Box 080, Trenton, NJ 08625, United States of America C/o US Attorney General at 970 Broad Street, Room 200, Newark, NJ and United States of America-C/O United States Attorney General U.S. Department of Justice at Washington, DC Certification of Inquiry and Mailing (as to Eric Sodoma, Known Heir of Otto Sodoma) RECEIVED February 24, 2016 (See copy annexed hereto.) Certification of Inquiry and Mailing (as to Mark Sodoma, Known Heir and Personal Representative of Estate of Otto Sodoma) RECEIVED February 24, 2016 (See copy annexed hereto.) 4

6 Certification of Inquiry and Publication (as to Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest) RECEIVED February 24, 2016 (See copy annexed hereto.) Affidavit of Publication annexed thereto sets forth on September 15, 2015, a Notice to Absent Defendants directed to Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest was published in the Asbury Park Press. NOTE: CONSIDERATION SHOULD BE GIVEN TO THE ADEQUACY OF THE INQUIRY AS TO OTTO SODOMA, HIS HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES AND HIS/HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST. Certification of Inquiry and Mailing as to USA-DC RECEIVED February 24, 2016 On January 7, 2015, a copy of the Summons and Complaint was mailed via certified mail to United States of America C/O United States Attorney General, U.S. Department of Justice, Washington, DC A copy of the 60 day Summons and a signed return receipt directed to the aforesaid defendant indicating delivery on January 13, 2015 annexed thereto. Notice to State RECEIVED February 24, 2016 Service of the Notice to State and a copy of the Complaint is acknowledged for the State of New Jersey on January 21, John J. Hoffman, Acting Attorney General of the State of New Jersey by: Ellen Seitz. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE NOTICE TO STATE FAILS TO SET FORTH WITH PARTICULARITY WHY THE STATE OF NEW JERSEY HAS BEEN MADE A DEFENDANT. SEE N.J.S.A. 2A:

7 Request and Certification of Default as to State of New Jersey, United States of America, Eric Sodoma, Known Heir of Otto Sodoma, Mark Sodoma, known heir, and as Personal Representative of Estate of Otto Sodoma, Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest Filed February 24, 2016 Default Filed February 24, 2016 Rule 4:64-2(d) Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions Received June 22, 2016 Notice of Motion for Entry of Final Judgment Filed June 22, 2016 Notice directed to Eric Sodoma, Known Heir of Otto Sodoma at 5871 Charles Lane, Austell, GA and 11 A Edinburgh Lane, Manchester, NJ 08759, Leisure Village West Condominium Association at 1000 Buckingham Drive, Manchester, NJ and C/O Laura B. Garber Esq at McGovern Legal Services LLC, PO Box 1111, New Brunswick, NJ 08903, Mark Sodoma, known heir, and as Personal Representative of Estate of Otto Sodoma at Magnolia Street, San Antonio, FL and 1000 Buckingham Drive, Manchester, NJ 08759, Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest at 1000 Buckingham Drive, Manchester, NJ 08759, State of New Jersey Office of the Attorney General Hughes Justice Complex PO Box 080, Trenton, NJ 08625, United States of America at 970 Broad Street, Room 700, Newark NJ and United States of America C/O United States Attorney General at U.S. Department of Justice, Washington, DC

8 Certification of Service RECEIVED June 22, 2016 On May 6, 2016, a copy of the Notice of Motion, Certification of Proof of Amount Due and Affidavit of Diligent Inquiry was sent via certified and regular mail to Eric Sodoma, Known Heir of Otto Sodoma at 5871 Charles Lane, Austell, GA and 11 A Edinburgh Lane, Manchester, NJ 08759, Leisure Village West Condominium Association at 1000 Buckingham Drive, Manchester, NJ and C/O Laura B. Garber Esq at McGovern Legal Services LLC, PO Box 1111, New Brunswick, NJ 08903, Mark Sodoma, known heir, and as Personal Representative of Estate of Otto Sodoma at Magnolia Street, San Antonio, FL and 1000 Buckingham Drive, Manchester, NJ 08759, Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest at 1000 Buckingham Drive, Manchester, NJ 08759, State of New Jersey Office of the Attorney General Hughes Justice Complex PO Box 080, Trenton, NJ 08625, United States of America at 970 Broad Street, Room 700, Newark NJ and United States of America C/O United States Attorney General at U.S. Department of Justice, Washington, DC Certification Received June 22, 2016 Certification sets forth a copy of the Notice of Foreclosure Mediation Documents were served with a copy of the Summons and Complaint and mailed with the Notice of Motion for Judgment. Certification of Non Military Service or Inability to Ascertain Military Status RECEIVED June 22, 2016 Eric Sodoma, known heir, Mark Sodoma, known heir, Otto Sodoma are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Certificate of Mailing Filed Copy of Default RECEIVED June 22, 2016 On March 7, 2016, a copy of the filed default was sent via regular mail to each of 7

9 the defendants at the addresses where they were served with summons and complaint or last known address. Certification of Mailing Notice Requirement of Fair Foreclosure Act RECEIVED June 22, 2016 On March 7, 2016 a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by certified and regular mail to each Eric Sodoma, Known Heir of Otto Sodoma, Mark Sodoma, known heir, and as Personal Representative of Estate of Otto Sodoma and Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest at the following address: 1000 Buckingham Drive, Manchester, NJ 08759, Eric Sodoma, Known Heir of Otto Sodoma at 5871 Charles Lane, Austell, GA and Mark Sodoma, known heir, and as Personal Representative of Estate of Otto Sodoma at Magnolia Street, San Antonio, FL More than ten days have passed since receipt of the notice by the debtors. Certification of Search Fees RECEIVED June 22, 2016 Total fees requested $ Certification of Proof of Amount Due and Schedule RECEIVED June 22, 2016 Certification by a representative of the plaintiff sets forth that there is due the sum of $108, on its mortgage together with interest to grow due thereon from March 29, (See copy annexed hereto.) Final Judgment Filed July 20,

10 (See copy annexed hereto.) NOTE: WE FAIL TO FIND ANY PROOF OF MAILING OF THE FINAL JUDGMENT FILED IN THIS ACTION. Plaintiff s Costs $2, Writ of Execution issued July 20, 2016 and returned (It appears from the Sheriff s Statement that there was a deficiency.) Certification of Mailing Notice of Sale and Notice to Residential Tenants of Rights During Foreclosure RECEIVED April 14, 2017 On April 12, 2017, a copy of the Notice of Sale and Notice to Residential Tenants of Rights During Foreclosure was sent via certified and regular mail to Eric Sodoma, Known Heir of Otto Sodoma at 5871 Charles Lane, Austell, GA and 11 A Edinburgh Lane, Manchester, NJ 08759, Leisure Village West Condominium Association at 1000 Buckingham Drive, Manchester, NJ and C/O Laura B. Garber Esq at McGovern Legal Services LLC, PO Box 1111, New Brunswick, NJ 08903, Mark Sodoma, known heir, and as Personal Representative of Estate of Otto Sodoma at Magnolia Street, San Antonio, FL and 1000 Buckingham Drive, Manchester, NJ 08759, Otto Sodoma, his heirs, devisees and personal representatives and his/her, their or any of their successors in right, title and interest at 1000 Buckingham Drive, Manchester, NJ 08759, State of New Jersey Office of the Attorney General Hughes Justice Complex PO Box 080, Trenton, NJ 08625, United States of America at 970 Broad Street, Room 700, Newark NJ and United States of America C/O United States Attorney General at U.S. Department of Justice, Washington, DC

11 Assignment of Bid at Sheriff Sale Filed May 15, 2017 (See copy annexed hereto.) Report of Sale RECEIVED September 6, 2017 Report of Sale annexed thereto sets forth on May 9, 2017, the Sheriff of Ocean County sold the mortgaged premises at public vendue to Federal National Mortgage Association for the sum of $ Affidavit of highest and best price annexed thereto. 10

12 THIS CHANCERY ABSTRACT IS CERTIFIED TO VESTA LAND TRANSFER DATED: June 25, 2018 GREATER ATLANTIC LEGAL SERVICES, INC KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY Phone Fax TLL 11

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