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  1. Home
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NOTICE OF DEFAULT AND FORECLOSURE SALE   WHEREAS, on February 22, 2010, a certain mortgage was executed by Gerald Duvall and Frances Duvall, his wife, as mortgagor in favor of Wells Fargo Bank, N.A. as mortgagee and was recorded with the Clerk of Bergen County in Mortgage Book 00378 Page 2124 or Instr # 10-019362 (“Mortgage”); and WHEREAS, the Mortgage encumbers property located at 89 Church Street Ramsey, NJ 07446 Block 4801; Lot 9 (“Property”); and WHEREAS, On April 17, 2015, Gerald James Duvall, died, leaving Frances Barton Duvall, as surviving tenant by the entirety and sole owner of the mortgaged premises and being foreclosed herein by plaintiff. Frances Barton Duvall died testate on April 17, 2020, a resident of the Township of Ramsey, County of Bergen and State of New Jersey. Lesley Carol Brokow was named Executrix of the Estate of said defendant in the Last Will and Testament, dated April 26, 2017. An Application Probate was filed in the Bergen County Probate’s Office on April 22, 2020, bearing Docket Number #296892. Said Last Will and Testament discloses decedent gave, devised and bequeathed the residuary estate to the following, or made specific devise of the property to the following: Lesley Carol Brokow, Individually and as Executrix of the Estate of Frances Barton Duvall, is hereby a party defendant to this foreclosure action. Defendant, Lesley Carol Brokow, has an ownership interest in the mortgaged premises as a result of the death of Frances Barton Duvall. In the event Lesly Carol Brokow is married, plaintiff herein joins Mr. or Mrs. Brokow, husband or wife of Lesly Carol Brokow, the spouse, domestic partner or civil union partner of Lesley Carol Brokow, for any interest whatsoever he/she may have acquired in the mortgaged premises, including but not limited to any possessory or dower/curtesy interest he/she may hold in the premises as the spouse of Defendant, Lesley Carol Brokow, although his/her name is not known at this time. Defendant, Lesley Carol Brokow is the heir of decedent and property owner Frances Barton Duvall. 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 Frances Barton Duvall, record owner of the mortgaged premises who passed away on April 17, 2020, a resident of the Township of Ocean Gate, County of Ocean 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 Frances Barton Duvall, owner of record of the mortgaged premises who departed this life on April 17, 2020.;and WHEREAS, the Property was owned by Frances Barton Duvall aka Frances B Duvall aka Frances Duvall, his wife and Gerald James Duvall aka Gerald J. Duvall aka Gerald Duvall by virtue of deed dated 12/22/1959 and recorded 12/28/1959 in Book: 4092; Page: 345 ;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 8/15/2019 in Book Vol 03323 Page 1180 or Instr # 19-053519, with the Clerk of Bergen County, New Jersey; and WHEREAS, a default has been made in the covenants and conditions of the Mortgage (paragraph 9 (a)(i)), as Frances Barton Duvall Gerald James Duvall died on 4/17/2020 4/17/2015 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 6/26/2025 is $811,240.96 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 10/07/2025; at 10:00 AM at the Main Entrance of the Bergen County Courthouse located at 10 Main Street, Hackensack, New Jersey 07601 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 Ramsey, County of Bergen, State of New Jersey: BEGINNING at a point in the westerly lone of Church Street, a forty (40) foot street, at the southeast corner of the hereby conveyed tract, which said point of beginning is distant along the westerly line of Church Street northerly 86.25 feet from its intersection with the northerly line of Cedar Street, a forty (40) foot street, and running from said point of beginning   1. Along lands heretofore conveyed by the executors of the estate of Martha Halsted to Phillips South 88 degrees 43 minutes 50 seconds West 237.27 feet to lands of Erie Railroad Company; thence 2. Along the same North 8 degrees 57 minutes 10 seconds West 87.02 feet to lands formerly of Martha Halsted; thence 3. Along said lands North 88 degrees 43 minutes 50 seconds East 247.81 feet to a point in the westerly line of Church street; and thence 4. along the westerly line of the same South 2 degrees East 86.26 feet to the point and place of BEGINNING.   NOTE: Being Lot(s) Lot: 9, Block: 4801; Tax Map of the Borough of Ramsey, County of Bergen, State of New Jersey. NOTE: Lot and Block shown for informational purposes only.   The sale will be held 10/07/2025; at 10:00 AM at the Main Entrance of the Bergen County Courthouse located at 10 Main Street, Hackensack, New Jersey 07601. The Secretary of Housing and Urban Development will bid $811,240.96 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 $811,240.96 as of 06/26/2025, 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 to the second highest bidder 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) 9/16, 9/23, 9/30/2025 ($501.60)
Post Date: 09/16 12:00 AM
Refcode: #11534913 
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