FIRST COUNT
2. This action is being brought to foreclose a mortgage because you have failed to comply
with the terms and conditions of the Note and Mortgage. As a result, the entire debt is due,
including the unpaid principal amount due on the Note, and Mortgage, and all unpaid interest
$1,000,000.00 with interest at the 6.875 percent per annum on the unpaid balance; said note
being payable in monthly installments principal and interest in the amount of $5,729.17,
beginning and subsequent installments of principal and interest on the first day of every month
thereafter until September 01, 2006, when the just and full sum of $1,000,000.00 was due and
payable in accordance with the terms of said Note. Late charges will accrue at a rate of 5.000
FOR AMERICA'S WHOLESALE LENDER a mortgage of even date with the Note and thereby
conveyed to the aforesaid mortgagee in fee the land hereinafter described on the expressed
condition that such conveyance would be void if payment should be made according to the terms
of said Note. The Mortgage was recorded in the Office of the Clerk/Register of the County of
BERGEN on August 21, 2006 in Mortgage Book 16205 Page 718. The within mortgage is a
purchase money mortgage. The Plaintiff named herein is therefore a real party in interest in
5. The property being foreclosed upon herein is commonly known as 466 EAST SADDLE
RIVER ROAD UPPER SADDLE RIVER , NJ 07458 in the Municipality of UPPER SADDLE
RIVER BOROUGH, County of BERGEN, and State of New Jersey, being also known as Block
915 Lot 9 on the Municipality of UPPER SADDLE RIVER BOROUGH tax records. A more
detailed metes and bounds description is attached to this Foreclosure Complaint as Schedule "A”
6. The Plaintiff named herein is therefore a real party in interest in accordance Rule 4:26-1.
9. The Note and Mortgage provide that should any monthly payment required to be
made on the first day of each and every month not be made and should remain in default for a
period of thirty (30) days, the whole of the principal sum should become due and payable at the
10. The said Note and/or Mortgage also provides, inter alia, that in the event of default,
a) take possession of and manage the Property, including the collection of rents and
profits;
c) start a Court action, known as foreclosure, which will result in a sale of the Property
d) sue for any money that the Mortgagor(s) owe the mortgagee.
11. The Defendant(s) failed to pay the monthly payment on March 01, 2009 causing default
the day after the aforementioned due date and said payment has remained unpaid and remains
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unpaid.
12. The Plaintiff has complied with the notice of intention requirements of the Fair
Foreclosure Act of the State of New Jersey (N.J.S.A. 2A:50-53 et seq.) and has elected that the
entire unpaid principal indebtedness with all arrearages of interest, further or additional
13. The Defendant(s) have deprived the Plaintiff of their right of possession of the premises
described in Paragraph Six, which right accrued thirty (30) days after the date the last payment
14. The terms and conditions of the Note and Mortgage being foreclosed on state that
additional interest will continue to accrue for any and all payments made for additional advances,
which may include taxes and insurance, or any other liens which effect the property, or other
advances made to preserve and protect the Plaintiff’s interest in the property, and attorneys’ fees
for services rendered, and will continue to accumulate through to the date of foreclosure sale.
Plaintiff reserves the right to submit its proof of all amounts due at the time that judgment in
foreclosure is entered.
B. Directing the Plaintiff be paid the amount due on its mortgage together with all
C. Barring and foreclosing all the Defendants of all equity of redemption in and to said
premises;
D. Adjudging that said lands be sold according to law to satisfy the amount due to the
Plaintiff;
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E. Such other and further relief as this Court may deem just and proper, including
without limitation appointment of a receiver of rents and profits and the authorization to
SECOND COUNT
15. Plaintiff repeats and affirms all the allegations as set forth in the First Count as if more
property described in the First Count of this Complaint and because of the default in the terms of
the Note and Mortgage described in the First Count of this Complaint, have deprived the Plaintiff
it’s right to possession of the property described in the First Count of this Complaint.
A. For possession of the property in favor of the Plaintiff’s assignee or any purchaser at
sheriff’s sale;
C. For costs
D. For any other relief that the Court may deem just and equitable.
THIRD COUNT
17. Plaintiff repeats and realleges the allegations of the paragraphs set forth in the First and
Second Counts and makes the same a part hereof, as if repeated at length.
18. The property is vacant and abandoned and is not occupied by a mortgagor or tenant.
19. An inspection of the property, which is the subject of the within foreclosure action, by an
agent of the plaintiff substantiates that the property is vacant and abandoned and that the
• any other reasonable indicia of abandonment Winterizes notice posted & padlock
on front door;
WHEREFORE, the Plaintiff, in accordance with N.J.S.A. 2A: 50-73 demands judgment
that:
A. the residential property that is the subject of this foreclosure action is vacant and
abandoned as defined by N.J.S.A. 2A. :50-73(a)
B. the court enter a final residential mortgage foreclosure judgment on the return date
C. such other and further relief as the court may deem just and equitable.
ALL THAT CERTAIN LOT, PARCEL OR TRACT OF LAND, SITUATE AND LYING IN
THE BOROUGH OF UPPER SADDLE RIVER, COUNTY OF BERGEN, AND STATE OF
NEW JERSEY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING COMMONLY KNOWN AS 466 EAST SADDLE RIVER ROAD, UPPER SADDLE
RIVER, NJ 07458
BEING DESIGNATED AS LOT 9 IN BLOCK 915 IN THE TAX MAP OF THE BOROUGH
OF UPPER SADDLE RIVER, COUNTY OF BERGEN, STATE OF NEW JERSEY
COUNT I
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on thc to dccide
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t. I am a process server for Status LLC with offices located at L509 Stuyvesant Avenue, Union,
2. I understand that this certification will be relied upon by the aforementioned Plaintiff and
the Court during the foreclosure procedure. I have no direct stal<e or interest in the outcome of any
related litigation.
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3. On folatltl ,at /l:r(,rltf-{ , and on ("lzol ,--t , at (,t::3,i f conducted
a physical inspection of the real property located the following address: 466 EAST SADDLE RIVEß
ROAD UPPER SADD LE RIVER. NJ 07458. This certification is made based u pon my personal
ABANDONED OCCUPIED
er (pl ase ea stateme \lde p tion (s)needed here) [il,n'ln:ri'1.-e ¿ ,.. r¡*t¿''¿'
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Su bscri bed and Sworn to this
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Notary Signatur Signature of Process Server
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