Motion for Surplus Funds

Motion for Surplus Funds LAW OFFICES OF MITCHELL LEE CHAMBERS 602 LITTLE GLOUCESTER ROAD SUITE 5 BLACKWOOD, NJ 08012 NEW JERSEY BAR NO.: 015512004 Phone: 856-302-1778 NexBank PLAINTIFF, vs. Michael H. Giesen, Et Al. DEFENDANT SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION CAMDEN COUNTY DOCKET NO. F-011119-22 CIVIL ACTION NOTICE OF MOTION TO: NEXBANK 1 CORPORATE DRIVE STE. 360 LAKE ZURICH, IL 60047 BROCK AND SCOTT, PLLC 302 FELLOWSHIP ROAD STE 130 MT. LAUREL, NJ 08054 STATE OF NEW JERSEY C/O OFFICE OF ATTORNEY GENERAL PO BOX 112 TRENTON, NJ 08625 KELLY GIESEN 789 DEVENNEY DRIVE APARTMENT B BELLMAWR, NJ 08031 JOANN M. GIESEN 113929 US-59 SALLISAW, OK 74955 SERVED VIA PUBLICATION BRITAIN R. MATCHNER, HER HEIRS, DEVISEES AND PERSONAL REPRESANTIVES, AND HIS/HER SUCCESSORS IN RIGHT, TITLE, AND INTEREST PLEASE TAKE NOTICE that undersigned counsel for Defendant, Michael Giesen, apply to the Office of Foreclosure, 25 Market Street, Trenton, NJ 08625 for an Order granting a Motion for Surplus Funds. The Order annexed hereto will be entered at the discretion of the Court unless the attorney for the Defendants or any pro se party notifies in writing the Office of Foreclosure and the attorney for the moving party or the pro se party within 10 days after the date of service of this Motion that the responding party objects to the entry of this Order. If you want to object to this motion you must do so in writing within 10 days after the day you received this motion. Any objection must address the subject of the motion and detail with specificity the basis of the objection to the motion. You must file your objection with the Office of Foreclosure, P.O. Box 971, 25 Market Street, Trenton, NJ 08625 and serve a copy on the moving party. The Office of Foreclosure does not conduct hearings and your personal appearance at the office will not qualify as an objection. If you file a specific objection to the motion the case will be sent to a judge for resolution. You will be informed by the judge of the time and place of the hearing on the motion. Attorney for Defendants /s/ Mitchell Lee Chambers, Esq. Dated: October 14, 2025 Mitchell Lee Chambers, Esq. LAW OFFICES OF MITCHELL LEE CHAMBERS 602 LITTLE GLOUCESTER ROAD SUITE 5 BLACKWOOD, NJ 08012 NEW JERSEY BAR NO.: 015512004 Phone: 856-302-1778 NexBank PLAINTIFF, vs. Michael H. Giesen, Et Al. DEFENDANT SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION CAMDEN COUNTY DOCKET NO. F-011119-22 CIVIL ACTION CERTIFICATION The following certification is made in support of Defendants; Michael H. Giesen, being of full age and competency, upon information and belief, swear and state the following: We are the Defendant in the above-referenced action.On or about June 21, 2023, a judgment of foreclosure was entered on Block 21.00 Lot 14 (commonly known as 12 4th Avenue, Mt. Ephraim, NJ). See Exhibit AOn or about June 21, 2023, a writ of execution was entered, and the property was sold as a Camden County Sheriff's sale which resulted in a surplus of $29,016.95. See Exhibit BThe New Jersey Superior's Court's Trust Fund has verified that it has these funds on deposit. See Exhibit CAt the time of the sale, I was one of two deeded owners in equal part of the property in question. Attached is a copy of the deed preceding the foreclosure sale deed. See Exhibit DPlease find attached a copy of my driver's license. See Exhibit EI have no outstanding child support judgments against me. As I was one of the deeded homeowners of 12 4th Avenue, Mt. Ephraim, NJ 512 Lincoln Ave., Bellmawr, NJ 08031 at the time of the foreclosure sale, I believe I am entitled the surplus funds generated from the sale of the property.My ex-wife filed an application with the Court on or about May 1, 2024 for her portion of the surplus funds.10. My ex-wife and I were divorced on or about December 18, 2024. The Final Judgment of Divorce states that the proceeds being held by the Trust Fund Unit are to be split evenly. See Exhibit FI am aware of no claims or judgments open or pending against the property.Rule 4:64-3 authorizes parties that were the Defendants named in the foreclosure action to apply to the Court for surplus funds.Other than the Plaintiff, no other creditors have made an application for the surplus funds being held by the Court in this matter.I respectfully request this Court to enter an Order for payment of surplus funds in the amount of $14,508.47 to The Law Office of Mitchell Lee Chambers, Esq. in trust for Michael H. Giesen pursuant to Rule 4-64. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. /s/ Michael H. Giesen Michael H. Giesen Dated: 10/12/25 LAW OFFICES OF MITCHELL LEE CHAMBERS 602 LITTLE GLOUCESTER ROAD SUITE 5 BLACKWOOD, NJ 08012 NEW JERSEY BAR NO.: 015512004 Phone: 856-302-1778 NexBank PLAINTIFF, vs. Michael H. Giesen, Et Al. DEFENDANT SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION CAMDEN COUNTY DOCKET NO. F-011119-22 CIVIL ACTION CERTIFICATE OF SERVICE I, Mitchell Lee Chambers, Esquire, counsel for Defendants, hereby certifies that, on the date hereof, I caused to be served, by Certified Mail a true and correct copy of Defendants' Motion upon the following parties: NEXBANK 1 CORPORATE DRIVE STE. 360 LAKE ZURICH, IL 60047 BROCK AND SCOTT, PLLC 302 FELLOWSHIP ROAD STE 130 MT. LAUREL, NJ 08054 STATE OF NEW JERSEY C/O OFFICE OF ATTORNEY GENERAL PO BOX 112 TRENTON, NJ 08625 KELLY GIESEN 789 DEVENNEY DRIVE APARTMENT B BELLMAWR, NJ 08031 JOANN M. GIESEN 113929 US-59 SALLISAW, OK 74955 Attorney for Defendants /s/ Mitchell Lee Chambers, Esq. Dated: October 14, 2025 Mitchell Lee Chambers, Esq. LAW OFFICES OF MITCHELL LEE CHAMBERS 602 LITTLE GLOUCESTER ROAD SUITE 5 BLACKWOOD, NJ 08012 NEW JERSEY BAR NO.: 015512004 Phone: 856-302-1778 NexBank PLAINTIFF, vs. Michael H. Giesen, Et Al. DEFENDANT SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION CAMDEN COUNTY DOCKET NO. F-011119-22 CIVIL ACTION ORDER TO RELEASE SURPLUS FUNDS THIS MATTER being opened to the Court by Mitchell Lee Chambers, Esq, Attorney for Michael H. Giesen, Defendants, and no other party appearing and the Court having considered the proofs and the argument of counsel and proof having been filed that all parties were served with notice of the motion together with the attached affidavit; and it appearing that the Sheriff of Camden County has deposited with the Clerk of the Court the sum of $14,508.47 as surplus money arising from the sale of the foreclosed premises; and, there being no other creditors, and no other creditor having applied for the surplus funds and granted access to the surplus funds; Defendants hereby demand that the surplus funds be turned over to the Defendants Made payable to "The Law Office of Mitchell Lee Chambers, Esq. in trust for Michael H. Giesen." IT IS ON THIS _________________ DAY OF ____________________, 2025 OREDERD that the Clerk of Superior Court shall pay the Applicant, Michael H. Giesen, C/O Mitchell Lee Chambers, Esquire, 602 Little Gloucester Road, Suite 5, Blackwood, NJ 08012, the sum of fourteen thousand, five hundred and eight dollars and forty-seven cents ($14,508.47); and; IT IS FURTHER ORDERED that a true copy of this Order, which need not be certified, be mailed to all other parties or their attorneys at their last known address within ten (10) days from counsel's receipt hereof. ______________________________________ Hon. , P.J.Ch. October 21 2025 LNYS0390199 $166.92