SUP=
ERIOR
COURT OF NEW
CHA=
NCERY
DIVISION
DOC=
KET
NO. F-8618-07
SHERIFF'S
NO. 8890
Bet=
ween
DEU=
TSCHE
BANK NATIONAL TRUST COMPANY, as trustee for Morgan Stanley ABS Capital I In=
c.
Trust 2006-HE3
PLAINTIFF
vs.
BRI=
AN
FISHMAN; FELICIA FISHMAN
DEFENDANTS
Wri=
t of
Execution for sale of mortgaged premises.
By =
virtue
of the above stated Writ of Execution to me directed and delivered I will
expose for sale at public vendue on
TUESDAY THE 23rd DAY OF JUNE, =
2009
bet=
ween the
hours of two and five o'clock in the afternoon of said day, that is to say =
at
2:00 P.M. prevailing time at the Freeholders Meeting Room, Administration
Building, 20 Grove Street, Somerville, New Jersey to wit:
All=
that
tract or parcel of land, situate, lying and being in the
Bei=
ng all
that certain real property subject to the provisions of the State of New Je=
rsey
Condominium Act, N.J.S.A. 46:8B-1 et seq. its amendments and supplements and
situate, lying and being in the Township of Franklin, County of Somerset, S=
tate
of New Jersey, more particularly described as Unit A1 in Building 27 situat=
e in
Society Hill at Somerset II Condominium, a New Jersey Condominium, together
with an aggregate .289 percent undivided interest in the Common Elements of
said Condominium appurtenant to the aforesaid Unit, in accordance with the
subject to the terms, limitations, conditions, covenants, restrictions,
easements, agreements and other provisions set forth in the Master Deed for
Society Hill at Somerset II Condominium, dated August 14, 1986, recorded Au=
gust
15, 1986 in the Somerset County Clerk's Office in Deed Book 1592, page 391,=
and
any further amendments thereto.
Bei=
ng Lot
16.03, C2701 in Block 34.02 on the Official Tax Map of the Township of
Franklin.
PREMISES COMMONLY KNOWN AS:
25 FISHER DRIVE
FRANKLIN PARK, NEW
Sub=
ject to
any unpaid taxes, municipal liens or other charges, and any such taxes,
charges, liens, insurance premiums or other advances made by plaintiff prio=
r to
this sale. All interested par=
ties
are to conduct and rely upon their own independent investigation to ascerta=
in
whether or not any outstanding interest remain of record and/or have priori=
ty
over the lien being foreclosed and, if so the current amount due thereon.
If =
the sale
is set aside for any reason, the Purchaser at the sale shall be entitled on=
ly a
return of the deposit paid. The Purchaser shall have no further recourse
against the Mortgagor, the Mortgagor's attorney.
Pur=
suant to
NJSA 46:8B-21 et seq., this sale may be subject to a limited lien priority =
of
the condominium association and any successful bidder at Sheriff's Sale may=
be
responsible for paying up to 6 months worth of unpaid condominium fees.
Tog=
ether
with all singular rights, liberties, privileges, hereditaments, and
appurtenances thereunto belonging or in anywise appertaining, and the rever=
sion
and remainders, rents, issues and profits thereto.
Sur=
plus
Money: If after the sale and satisfaction of the mortgage debt, including c=
osts
and expenses, there remains any surplus money, the money will be deposited =
into
the Superior Court Trust Fund and any person claiming the surplus, or any p=
art
thereof, may file a motion pursuant to Court Rules 4:64-3 and 4:57-2 stating
the nature and extent of that person's claim and asking for an order direct=
ing
payment of the surplus money. The Sheriff or other person conducting the sa=
le
will have information regarding the surplus, if any.
Amo=
unt of
Judgment to be satisfied $276,968.10 plus interest, cost, printers’ f=
ees,
Sheriff's fees and commission.
The
purchaser shall pay 20% of purchase price at end of sale in cash, certified
check, cashier's check or treasurer's check and sign acknowledgment of
purchase. The Sheriff reserve=
s the
right to adjourn this sale for any length of time without further advertise=
ment
as provided for by law.
=
=
FRANK J.
PROVENZANO, SR.
=
SHERIFF
=
DAT=
ED: May
5, 2009
Phe=
lan
Hallinan & Schmieg, PC
400
Fellowship Road, Suite 100
Mou=
nt
Laurel, New Jersey 08054