NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on December 05, 2005, a certain mortgage was executed by Doris Abruzzo and Charles Abruzzo, as mortgagor in favor of WELLS FARGO BANK, N.A. as mortgagee and was recorded with the Clerk of Monmouth County in Mortgage Book OR-8526, Page 693 or Instrument #2005219122 (“Mortgage”); and WHEREAS, the Mortgage encumbers property located at 132 Wharfside Drive Monmouth Beach, NJ 07750 Block 13; Lot 9.01 C0612 (“Property”); and WHEREAS, Charles Abruzzo departed this life on July 11, 2008. Charles Abruzzo was the owner of the real property that is the subject of the within foreclosure action. The plaintiff has conducted a diligent inquiry to ascertain if there is a spouse or testamentary devisee or any heirs at law of Charles Abruzzo surviving. A search with the Monmouth County Surrogate’s Office revealed that no probate proceedings had been filed. Plaintiff’s records do not contain any information regarding any heirs, devisees or a spouse. In the event that there are any other heirs at law and next of kin of decedent, Charles Abruzzo, who are not known to plaintiff or are not set forth herein, plaintiff has joined the following persons as party defendants to this foreclosure action for any lien, claim or interest they may have in, to or against the mortgage premises: Charles Abruzzo, deceased; his/her heirs, devisees and personal representatives, and his/her or any of their successors in right, title and interest. The State of New Jersey is made a party defendant to this foreclosure action for any state inheritance taxes and/or estate taxes which may be due to the State of New Jersey and which may be a lien against the mortgaged premises by reason of the death of Charles Abruzzo, record owner of the mortgaged premises who passed away on July 11, 2008, a resident of the Township of Monmouth Beach, County of Monmouth and State of New Jersey. The United States of America is made a defendant to this foreclosure action for any federal estate taxes which may be due to the United States of America and which may be a lien against the mortgaged premises by reason of the death of Charles Abruzzo, owner of record of the mortgaged premises who departed this life on July 11, 2008. State of New Jersey is further named a party defendant to this foreclosure action for any outstanding taxes and for any possible escheat taxes that may be due and owing for the Estate of Charles Abruzzo. ;and WHERAS, a default has been made in the covenants and conditions of the Mortgage (paragraph 9 (a)(iii)), as the Property ceases to be the principal residence of the Borrower other than death and the Property is not the principal residence of at lease one other Borrower, the entire principal balance becomes due and owing, and that no payment was made, and remains wholly unpaid as of the date of this Notice; and WHEREAS, the Property was owned by Charles Abruzzo and Doris Abruzzo by virtue of deed dated 4/4/2000 and recorded 4/7/2000 in Book 5924 Page 67 ;and WHEREAS, the Mortgage is now owned by the Secretary of the United States Department of Housing and Urban Development ("Secretary"), pursuant to an assignment recorded on 8/24/2015 in Book OR-9128, Page 1259 or Instrument #2015077752, with the Clerk of Monmouth County, New Jersey; and WHEREAS, a default has been made in the covenants and conditions of the Mortgage (paragraph 9 (a)(i)), as Charles Abruzzo died on 7/11/2008 and that upon the death the entire principal balance becomes due and owing, and that no payment was made, and remains wholly unpaid as of the date of this Notice; and WHEREAS, the entire amount delinquent as of 7/23/2025 is $401,464.04 plus interest, costs and other charges through the sale date; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable; NOW THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, l2 U.S.C. 3751 et seq., by 24 CFR Part 29, and by the Secretary's designation of me as Foreclosure Commissioner, notice is hereby given that on 11/20/2025; at 10:00 AM at outside the Main Entrance of the Monmouth County Chancery Courthouse located at 1 East Main Street, Freehold, New Jersey 07728 all real property and personal property at or used in connection with the following described premises will be sold at public action to the highest bidder: All that certain lot, piece or parcel of land with the buildings and improvements thereon erected, situate lying and being in the Borough of Monmouth Beach, County of Monmouth, State of New Jersey: Being known as Unit 132, Building 6, situated in Wharfside Manor Condominium I & II, together with a 04709 undivided percentage interest in the common elements of said condominium. The conveyance evidenced by this deed is made under the provisions of and is subject to the New Jersey Condominium Act (NJSA 46:8b-l et seq.) and the Planned Real Estate Development Act (NJSA 45:22A-21 et seq.) as amended, and any applicable regulations adopted under either law. The conveyance is also made in accordance with the terms, limitations, conditions, covenants, restrictions, easements, agreements and other provisions set forth in that certain Master Deed for Wharfside Manor Condominium I & II, a condominium, dated April 13, 1983 and recorded on April 18, 1983 in the Office of the Monmouth County Clerk in Deed Book 4401 page 437 and amended in Deed Book 4471 page 543, as the same may now or hereafter be lawfully amended. Also known as Lot 6.12 in Block 13 on the Borough of Monmouth Beach Tax Map The sale will be held 11/20/2025; at 10:00 AM at outside the Main Entrance of the Monmouth County Chancery Courthouse located at 1 East Main Street, Freehold, New Jersey 07728. The Secretary of Housing and Urban Development will bid $401,464.04 plus interest, costs and other charges through the sale date. Ten percent (10%) of the highest bid is the deposit required at the sale. The amount that must be paid to HUD by the mortgagors or someone acting on their behalf so that the sale may be stayed is the total delinquent amount of $401,464.04 as of 07/23/2025, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bid, all bidders, except the Secretary, must submit a deposit totaling ten percent 10% of the Secretary's bid as set forth above in the form of a certified check or cashier's check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of ten (10%) percent must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within thirty (30) days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check. If the Secretary is the high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyance fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for fifteen (15) days, and a fee will be charged in the amount of $150.00 for each fifteen (15) day extension requested. The extension fee shall be paid in the form of a certified or cashier's check made payable to the Secretary of Housing and Urban Development. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder's deposit will be forfeited, and the Commissioner may, at the direction of the HUD Field Office Representative, offer the Property for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. KML LAW GROUP, P.C. Foreclosure Commissioners (215-825-6305)
$452.76