GREATER ATLANTIC LEGAL SERVICES, INC. On October 11, 2016 a copy of the filed default was mailed to...
Transcript of GREATER ATLANTIC LEGAL SERVICES, INC. On October 11, 2016 a copy of the filed default was mailed to...
GREATER ATLANTIC LEGAL SERVICES, INC.
CHANCERY ABSTRACT
NEWLAND'S ASSET HOLDING TRUST
Plaintiff,
vs.
WILSON G. MINCHALAMIRIAM M. VASQUEZ, his/her heirs, devisees, and
personal representatives, and his, her, their or any of their successors in right, title and interest;
PATRICIA PILLAJO, his/her heirs, devisees, and personal representatives, and his, her, their or any of their successors in right, title and interest;
FIA CARD SERVICES NASTATE OF NEW JERSEY
Defendants,
SUPERIOR COURT OF NEW JERSEYMERCER COUNTYDOCKET NO. F-035981-13
GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to DATA TRACE thatit has reviewed the proceedings currently on file in the Superior Court Clerk’s office for the aboveentitled action and reports the same regular as to form, except as hereinafter noted.
____________________________ TITLE OFFICER
YOUR REFERENCE # LLSS520-320811
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Complaint to Foreclose FILED October 8, 2013Phelan Hallinan & Diamond, PC Attorneys for Plaintiff
Summons dated October 11, 2013(See returns and/or acknowledgments of service for Wilson G. Minchala annexed
hereto.)
Certification of Inquiry and Mailing Notice and Complaint to Absent Defendants andPublication as to Miriam M. Vasquez
RECEIVED October 31, 2014(See copy annexed hereto)
Certification of Inquiry and Mailing Notice and Complaint to Absent Defendant and Publicationas to Patricia Pillajo
RECEIVED October 31, 2014(See copy annexed hereto)
Substitution of AttorneyFILED July 14, 2014
Phelan Hallinan & Diamond, PC do hereby consent to the substitution of Zucker,Goldberg & Ackerman, LLC as Attorneys for Plaintiff.
Foreclosure Dismissal Warning Notice for Lack of ProsecutionDATED October 10, 2014
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Notice of Dismissal as to Defendant(s) Mrs. Wilson G. Minchala, Wife of Wilson G. Minchala,and Mr. Vazquez, Husband of Miriam M. Vazquez
FILED October 31, 2014
Request and Certification of Default as to Wilson G. Minchala; Miriam M. Vasquez, her heirs,devisees, and personal representatives, and her, their or any of their successors in right,title and interest; Patricia Pillajo, his heirs, devisees, and personal representatives, andhis, her, their or any of their successors in right, title and interest
FILED October 31, 2014
CLERK'S NOTATION: NOT ENTERED AS TO THE HEIRS OF MIRIAMVASQUEZ AND HEIRS OF PATRICIA PILLAJO, NOTPARTY TO CASE.
Default FILED October 31, 2014
Notice of Motion for Entry of Order Substituting Plaintiff and Granting Leave to AmendComplaintFILED March 19, 2015
The Notice of Motion is directed to Wilson G. Minchala, Miriam M. Vasquez, his,her heirs, devisees and personal representatives, and his, her, their or any of theirsuccessors in right, title and interest and Patricia Pillajo, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest.
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Certification/Affidavit in Support of Order Substituting PlaintiffRECEIVED March 19, 2015
The certification sets forth that on January 30, 2015 the mortgage was assignedto Newland Asset Holding Trust. The assignment was recorded on February 6, 2015 inBook 1169, Page 389.
Proof of MailingRECEIVED March 19, 2015
On March 19, 2015 the Notice of Motion was mailed by regular and certifiedmail, in separate envelopes to each Wilson G. Minchala, Miriam M. Vasquez, his, herheirs, devisees and personal representatives, and his, her, their or any of their successorsin right, title and interest and Patricia Pillajo, his, her heirs, devisees and personalrepresentatives, and his, her, their or any of their successors in right, title and interest. (See copy annexed hereto)
Order Substituting Plaintiff and Granting Leave to Amend ComplaintFILED April 9, 2015
It is on this 9th day of April, 2015 ORDERED AND ADJUDGED that thecomplaint in this action be and hereby is amended by striking the name of Bank ofAmerica, NA.
Newland Holding Asset Trust be and hereby is substituted as plaintiff.The Superior Court Clerk is directed to change as herein modified, the name of
the party plaintiff on the automated case management system docket.A copy of this order shall be served on all appearing parties within seven days of
the date of this Order.
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Amended Complaint to Foreclose FILED April 21, 2015Zucker, Goldberg & Ackerman, LLC Attorneys for Plaintiff
FIRST COUNT
Amended Complaint filed to foreclose mortgage made and executed by Wilson G.Minchala and Miriam M. Vasquez and Patricia Pillajo to Mortgage ElectronicRegistration Systems, Inc. as nominee for Hogar Mortgage & Financial Services, Inc. aNew Jersey Corporation to secure the sum of $283,794.00. Obligation and mortgagedated December 22, 2005. The mortgage was recorded in Mercer County on January 27,2006 in Book 9353, Page 228. THIS IS NOT A PURCHASE MONEY MORTGAGE.
A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTIONATTACHED IS ANNEXED HERETO.
By virtue of assignment(s) more particularly set forth in the annexed copy of theAmended Complaint, the mortgage was assigned to the Plaintiff.
FIA Card Services, NA and State of New Jersey is/are made defendant(s) forreasons more particularly set forth in the annexed copy of the Amended Complaint.
By virtue of a default in accordance with the terms of the obligation andmortgage, 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 FairForeclosure Act.
WHEREFORE, Plaintiff demands judgment: Fixing the amount due on the mortgage; Barringand foreclosing all of the defendants of all equity or redemption in and to the aforesaidlands; Directing that plaintiff be paid the amount due to plaintiff as provided in themortgage together with interest and costs; Adjudging that the lands described above besold according to law to satisfy the amount due to plaintiff; Such other and further relief
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as may be set forth in the demand for judgment included on the annexed copy of theComplaint.
SECOND COUNT
Plaintiff hereby repeats, re-alleges, and incorporates the allegations set forth inthe First Count of the Complaint, as if set forth herein at length.
Plaintiff is entitled to possession of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment against said defendants for possession of themortgaged premises and for any other relief that may be set forth in the demand forjudgment on the copy of the Complaint annexed hereto.
The Amended Complaint is signed,Zucker, Goldberg & Ackerman, LLC Attorneys for Plaintiff
By: Jamar Benjamin, Esq.
NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THECERTIFICATION PURSUANT TO RULE 4:64-1(a) ANNEXED TO THECOMPLAINT FAILS TO SPECIFICALLY STATE THAT PLAINTIFF HASRECEIVED AND REVIEWED THE TITLE SEARCH.
Notice of Motion to Correct Name of DefendantFILED May 13, 2015
The Notice of Motion to Correct Name of Defendant is directed to Wilson G.Minchala, Miriam M. Vasquez, Patricia Pillajo, Bank of America, National Associationsuccessor to FIA Card Services, NA, and State of New Jersey.
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Proof of MailingRECEIVED May 13, 2015
On May 13, 2015 a copy of the Notice of Motion to Correct Name,Certification/Affidavit in Support of Motion and proposed form of Order was mailed byregular and certified mail to Wilson G. Minchala, Miriam M. Vasquez, Patricia Pillajo,Bank of America, National Association successor to FIA Card Services, NA, and State ofNew Jersey.
(See copy annexed hereto)
Certification/Affidavit in Support of Order Correcting Name of DefendantRECEIVED May 13, 2015
Certification sets forth that the caption of the complaint or amended complaintincorrectly designated defendant as FIA Card Services, NA.
Order to Correct NameFILED June 3, 2015
It is on this 3rd day of June, 2015 ORDERED that the Complaint and all otherpleadings in this matter be amended to correct the name of FIA Card Services NA to beBank of America, National Association Successor to FIA Card Services NA.
It is further ORDERED that the caption, Complaint and all subsequent pleadingsare hereby amended to include Bank of America, National Association Successor to FIACard Services NA in the place and stead of FIA Card Services NA.
Substitution of AttorneyRECEIVED
Zucker, Goldberg & Ackerman, LLC do hereby consent to the substitution ofPhelan Hallinan & Diamond, PC as Attorneys for Plaintiff.
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Proof of Mailing of Tenants' Rights Pursuant to R 4:64-1RECEIVED March 18, 2016
On March 17, 2016 a Notice to Residential Tenants of Rights During Foreclosurewas mailed by regular and certified mail to each Tenant and Inquilino at 133 MaxwellAvenue, Hightstown, NJ 08520.
Summons dated March 21, 2016(See returns of service for Bank of America, National Association Successor to
FIA Card Services NA annexed hereto.)
Notice to StateRECEIVED April 6, 2016
Service of the Notice to State and a copy of the Complaint is acknowledged for theState of New Jersey by Eileen McManimon, on behalf of the Attorney General on March14, 2016.
Foreclosure Dismissal Warning Notice for Lack of ProsecutionDATED June 3, 2016
Request and Certification of Default as to Bank of America, National Association Successor toFIA Card Services NA and State of New Jersey
FILED June 13, 2016
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DefaultFILED June 13, 2016
Certification of Inquiry/Mailing and Publication as to Wilson G. Minchala, Miriam M. Vasquez,Her Heirs, Devisees, Etc., and Patricia Pillajo, Her Heirs, Devisees, Etc. RECEIVED July 20, 2016
(See copy annexed hereto)
Request and Certification of Default as to Wilson G. Minchala, Miriam M. Vasquez, his, herheirs, devisees and personal representatives, and his, her, their or any of their successorsin right, title and interest and Patricia Pillajo, his, her heirs, devisees and personalrepresentatives, and his, her, their or any of their successors in right, title and interest
FILED August 9, 2016
Default FILED August 9, 2016
Proof of MailingRECEIVED December 21, 2016
On October 11, 2016 a copy of the filed default was mailed to each Wilson G.Minchala, Patricia Pillajo, his, her heirs, devisees and personal representatives, and his,her, their or any of their successors in right, title and interest, Bank of America, NationalAssociation Successor to FIA Card Services NA, State of New Jersey at the addresseswhere they were served with summons, complaint, and/or amended complaint.
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Proof of Service of Notice to Cure Pursuant to Fair Foreclosure ActRECEIVED December 21, 2016
On August 16, 2016 a Notice to Cure pursuant to the Fair Foreclosure Act wasmailed by regular and certified mail to each Wilson G. Minchala, Miriam M. Vasquez,his, her heirs, devisees and personal representatives, and his, her, their or any of theirsuccessors in right, title and interest, Patricia Pillajo, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest at the following address: 133 Maxwell Avenue, Hightstown, NJ 08520.
More than ten days have passed since receipt of the notice by the debtors.
Certification Correcting Clerical ErrorRECEIVED December 21, 2016
Certification sets forth that there is a clerical error in paragraph 4b of theAmended Foreclosure Complaint. Paragraph 4b incorrectly sets forth, “By assignment ofmortgage executed”. Paragraph 4b of the Amended Foreclosure Complaint should becorrected to set forth, “By corrective assignment of mortgage executed”.
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and FactualAssertions
RECEIVED December 21, 2016
Certifications of Non-Military Service or Inability to Ascertain Military StatusRECEIVED December 21, 2016
Wilson G. Minchala, Miriam M. Vasquez, his, her heirs, devisees and personalrepresentatives, and his, her, their or any of their successors in right, title and interest,Patricia Pillajo, his, her heirs, devisees and personal representatives, and his, her, theiror any of their successors in right, title and interest not in the military service. Report(s)from the Department of Defense Manpower Data Center annexed thereto.
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Notice of Motion for Entry of JudgmentFILED December 21, 2016
The Notice of Motion for Entry of Judgment is directed to Wilson G. Minchala,Miriam M. Vasquez, his, her heirs, devisees and personal representatives, and his, her,their or any of their successors in right, title and interest, Patricia Pillajo, his, her heirs,devisees and personal representatives, and his, her, their or any of their successors inright, title and interest, Bank of America, National Association Successor to FIA CardServices NA, State of New Jersey, and Tenant.
Proof of Service of Notice of Motion for Final JudgmentRECEIVED December 21, 2016
On December 7, 2016 a copy of the Notice of Motion for Entry of Judgment,Certification of Amount Due and Certification of Diligent Inquiry pursuant to R 4:64-2were mailed to Wilson G. Minchala, Miriam M. Vasquez, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest, Patricia Pillajo, his, her heirs, devisees and personal representatives, and his,her, their or any of their successors in right, title and interest, Bank of America, NationalAssociation Successor to FIA Card Services NA, State of New Jersey, and Tenant. (Seecopy annexed hereto)
Certification of Costs/Search FeesRECEIVED December 21, 2016
Total fees requested $752.26
Final JudgmentFILED January 26, 2017
DENIED
CLERK'S NOTATION: FJ PACKAGE IS MISSING PROOF SCHEDULE.
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Proof of Mailing Order Correcting Name of Defendant RECEIVED April 10, 2017
On April 10, 2017 a copy of the Order Correcting Name of Defendant was mailedto each Wilson G. Minchala, Miriam M. Vasquez, his, her heirs, devisees and personalrepresentatives, and his, her, their or any of their successors in right, title and interest,Patricia Pillajo, his, her heirs, devisees and personal representatives, and his, her, theiror any of their successors in right, title and interest, Bank of America, NationalAssociation Successor to FIA Card Services NA, and State of New Jersey at the addresseswhere they were served the summons, complaint, amended complaint and/or Notice toAbsent Defendants.
Proof of Mailing Order Substituting PlaintiffRECEIVED April 11, 2017
On April 10, 2017 a copy of the Order Substituting Plaintiff was mailed byregular and certified mail to each of the defendants.
Notice of Motion to Deem the Mortgage A Valid First Lien to in Lieu of the Omitted 1-4 FamilyRider
FILED June 14, 2017Notice of Motion directed to Wilson G. Minchala, Miriam M. Vasquez, his, her
heirs, devisees and personal representatives, and his, her, their or any of their successorsin right, title and interest, Patricia Pillajo, his, her heirs, devisees and personalrepresentatives, and his, her, their or any of their successors in right, title and interest,Bank of America, National Association Successor to FIA Card Services NA, and State ofNew Jersey.
Attorney Certification RECEIVED June 14, 2017Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff
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Certification of Filing and Service RECEIVED June 14, 2017
On June 14, 2017 a copy of the Notice of Motion to Deem the Mortgage A ValidFirst Lien to in Lieu of the Omitted 1-4 Family Rider was mailed to Wilson G. Minchala,Miriam M. Vasquez, his, her heirs, devisees and personal representatives, and his, her,their or any of their successors in right, title and interest, Patricia Pillajo, his, her heirs,devisees and personal representatives, and his, her, their or any of their successors inright, title and interest, Bank of America, National Association Successor to FIA CardServices NA, and State of New Jersey.
(See copy annexed hereto.)
Memorandum of Law in Support of Plaintiff's Motion to Deem to Mortgage a Valid First Lian inLieu of the Omitted 1-4 Family RiderRECEIVED June 14, 2017Phelan Hallinan Diamond & Jones, PC, Attorneys for Plaintiff
Order Deeming the Mortgage A Valid First Lien in Lieu of the Omitted 1-4 Family Rider FILED July 7, 2017
IT IS on this 7th day of July, 2017 ORDERED:1. THAT the Mortgage dated December 22, 2005 made by Wilson G. Minchala, MiriamM. Vasquez and Patricia Pillajo, to Mortgage Electronic Registration Systems, Inc., AsNominee For Hogar Mortgage & Financial Services, Inc., Its Successors And Assigns tosecure the sum of $283,794.00 and recorded on January 27, 2006 in Book 9353 page 228is hereby deemed a valid first lien against property located at 133 Maxwell A venue, Lot4, Block 25, Borough of Hightstown, County of Mercer; and
2. THAT all liens, judgments and encumbrances shall be deemed subordinate to Plaintiff,and Plaintiff may proceed to divest their right, title and interest through foreclosure; and
3. THAT the Mercer County Clerk's Office is hereby directed to record a certified copy ofthis Order Deeming the Mortgage recorded on January 27, 2006 in Book 9353 page228a Valid First Lien in Lieu of the Missing 1-4 Family Rider.
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Proof of Mailing RECEIVED July 17, 2017
On July 14, 2017 a copy of the filed Order Deeming the Mortgage A Valid FirstLien in Lieu of the Omitted 1-4 Family Rider was mailed to each Wilson G. Minchala,Miriam M. Vasquez, his, her heirs, devisees and personal representatives, and his, her,their or any of their successors in right, title and interest, Patricia Pillajo, his, her heirs,devisees and personal representatives, and his, her, their or any of their successors inright, title and interest, Bank of America, National Association Successor to FIA CardServices NA, and State of New Jersey by regular and certified mail.
Notice of Motion for Entry of Order Substituting PlaintiffFILED August 25, 2017
The Notice of Motion is directed to Wilson G. Minchala, Miriam M. Vasquez, his,her heirs, devisees and personal representatives, and his, her, their or any of theirsuccessors in right, title and interest, Patricia Pillajo, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest, and State of New Jersey.
Certification/Affidavit in Support of Order Substituting PlaintiffRECEIVED August 25, 2017
The certification sets forth that on August 7, 2017 the mortgage was assigned toCarisbrook Asset Holding Trust. The assignment was recorded on August 11, 2017 inBook 1181, Page 783.
Proof of MailingRECEIVED August 25, 2017
On August 24, 2017 the Notice of Motion was mailed in separate envelopes toeach Wilson G. Minchala, Miriam M. Vasquez, his, her heirs, devisees and personalrepresentatives, and his, her, their or any of their successors in right, title and interest,Patricia Pillajo, his, her heirs, devisees and personal representatives, and his, her, theiror any of their successors in right, title and interest, and State of New Jersey. (See copyannexed hereto)
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Order Substituting PlaintiffFILED September 20, 2017
It is on this 20th day of September, 2017 ORDERED AND ADJUDGED that thecomplaint in this action be and hereby is amended by striking the name of Newlands AssetHolding Trust.
Carisbrook Asset Holding Trust be and hereby is substituted as plaintiff.The Superior Court Clerk is directed to change as herein modified, the name of the
party plaintiff on the automated case management system docket.A copy of this order shall be served on all appearing parties within seven days of
the date of this Order.
Proof of Mailing Order Substituting PlaintiffRECEIVED September 29, 2017
On September 27, 2017 a copy of the Order Substituting Plaintiff was mailed byregular and certified mail to each of the defendants.
NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE PROOF OFMAILING FOR THE NOTICE OF MOTION FOR ENTRY OF ORDERSUBSTITUTING PLAINTIFF DOES NOT SPECIFICALLY STATE THATIT WAS MAILED BY CERTIFIED MAIL.
Proof of MailingRECEIVED January 24, 2018
On April 18, 2017 a copy of the filed default was mailed to each Miriam M.Vasquez, his, her heirs, devisees and personal representatives, and his, her, their or any oftheir successors in right, title and interest, Patricia Pillajo, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest, Bank of America, National Association Successor to FIA Card Services NA, andState of New Jersey at the addresses where they were served with summons andcomplaint.
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Proof of Service of Notice to Cure Pursuant to Fair Foreclosure ActRECEIVED January 24, 2018
On August 16, 2016 a Notice to Cure pursuant to the Fair Foreclosure Act wasmailed by regular and certified mail to each Wilson G. Minchala, Miriam M. Vasquez, his,her heirs, devisees and personal representatives, and his, her, their or any of theirsuccessors in right, title and interest, Patricia Pillajo, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest at the following address: 133 Maxwell Avenue, Hightstown, NJ 08520.
More than ten days have passed since receipt of the notice by the debtors.
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and FactualAssertions
RECEIVED January 24, 2018
Certifications of Non-Military Service or Inability to Ascertain Military StatusRECEIVED January 24, 2018
Wilson G. Minchala and Miriam M. Vasquez, his, her heirs, devisees and personalrepresentatives, and his, her, their or any of their successors in right, title and interest notin the military service. Report(s) from the Department of Defense Manpower Data Centerannexed thereto.
Due to lack of a social security number, plaintiff cannot determine whether Patricia Pillajo, his, her heirs, devisees and personal representatives, and his, her, theiror any of their successors in right, title and interest is in the military service.
Notice of Motion for Entry of JudgmentFILED January 24, 2018
The Notice of Motion for Entry of Judgment is directed to Wilson G. Minchala,Miriam M. Vasquez, his, her heirs, devisees and personal representatives, and his, her,their or any of their successors in right, title and interest, Patricia Pillajo, his, her heirs,devisees and personal representatives, and his, her, their or any of their successors inright, title and interest, Bank of America, National Association Successor to FIA CardServices NA, State of New Jersey, and Tenant.
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Proof of Service of Notice of Motion for Final JudgmentRECEIVED January 24, 2018
On January 5, 2018 a copy of the Notice of Motion for Entry of Judgment,Certification of Amount Due and Certification of Diligent Inquiry pursuant to R 4:64-2were mailed to Wilson G. Minchala, Miriam M. Vasquez, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest, Patricia Pillajo, his, her heirs, devisees and personal representatives, and his,her, their or any of their successors in right, title and interest, Bank of America, NationalAssociation Successor to FIA Card Services NA, State of New Jersey, and Tenant. (Seecopy annexed hereto).
Certification of Costs/Search FeesRECEIVED January 24, 2018
Total fees requested $602.26
Proof of Amount Due and ScheduleRECEIVED January 24, 2018
Certification by a representative of the plaintiff sets forth that there is due the sumof $383,366.23 on its mortgage together with interest to grow due thereon from October31, 2017.
(See copy annexed hereto.)
Final Judgment FILED February 23, 2018
(See copy annexed hereto)
Plaintiff’s Costs $4,885.92
Writ of Execution issued February 23, 2018
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Proof of MailingRECEIVED March 1, 2018
On February 28, 2018 a copy of the filed Final Judgment was mailed by regularand certified mail to each Wilson G. Minchala, Patricia Pillajo, his, her heirs, deviseesand personal representatives, and his, her, their or any of their successors in right, titleand interest, Bank of America, National Association Successor to FIA Card Services NA,and State of New Jersey at the addresses where they were served the summons, complaint,amended complaint, and/or Notice to Absent Defendants.
Certification of Proof of MailingRECEIVED March 27, 2018
On March 26, 2018 a Notice of Sheriff's Sale was mailed by regular and certifiedmail to each Wilson G. Minchala, Miriam M. Vasquez, his, her heirs, devisees andpersonal representatives, and his, her, their or any of their successors in right, title andinterest, Patricia Pillajo, his, her heirs, devisees and personal representatives, and his,her, their or any of their successors in right, title and interest, and State of New Jersey atthe addresses where they were served the summons, complaint, amended complaint,and/or Notice to Absent Defendants.
LAST ENTRY
THIS CHANCERY ABSTRACT IS A REFLECTION OF THE SUPERIOR COURTFILE AS IT APPEARS ON THE DATE OF THIS CHANCERY ABSTRACT.
BECAUSE OF A DELAY IN THE DOCKETING AND FILING OF PLEADINGSTHERE MAY BE ADDITIONAL PLEADINGS WHICH HAVE BEEN RECEIVED
BY THE CLERK'S OFFICE BUT ARE NOT YET SHOWING AS FILED.
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THIS CHANCERY ABSTRACT IS CERTIFIED TODATA TRACE
DATED: August 10, 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.comKKW
682063 PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ 08054 856-813-5500 Attorney for Plaintiff
CARISBROOK ASSET HOLDING TRUST PLAINTIFF
SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MERCER COUNTY
DOCKET NO: F-035981-13
WILSON G. MINCHALA, ET AL. DEFENDANT (S)
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 sufficient cause
appearing:
It is on this day of 20__, ORDERED and
ADJUDGED that the plaintiff is entitled to have the sum of $383,366.23 together with interest at
the Contract rate of 6% on $289,010.23 being the principal sum in default including advances
from November 1, 2017 to
and lawful interest thereafter on the total sum due to plaintiff together with costs of this suit to be
taxed including counsel fee of $ 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:
SWC F 035981-13 02/23/2018 Pg 1 of 3 Trans ID: CHC2018109444
23rd February 18
February 23rd, 2018
3983.66
WILSON G. MINCHALA; MIRIAM M. VASQUEZ, HIS/HERS HEIRS, DEVISEES, AND PERSONAL REPRESENTATIVES, AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT,
TITLE AND INTEREST; PATRICIA PILLAJO, HIS/HERS HEIRS, DEVISEES, AND PERSONAL
REPRESENTATIVES, AND HIS, HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST;
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, CARISBROOK ASSET HOLDING
TRUST, in the sum of $383,366.23 together with contract and 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 MERCER
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 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.
SWC F 035981-13 02/23/2018 Pg 2 of 3 Trans ID: CHC2018109444