SUMMONS
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION
CAPE MAY COUNTY
DOCKET NO: F-51-26
THE STATE OF NEW JERSEY
TO: GENERAL S. ASKEW his heirs, devisees and personal representatives; MRS. GENERAL S. ASKEW, spouse of General S. Askew her heirs, devisees and personal representatives; UNKNOWN OWNERS and UNKNOWN CLAIMANTS;
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon Adam D. Greenberg, Esq., plaintiff’s attorney, whose address is 1949 Berlin Road, Suite 200, Cherry Hill, New Jersey 08003-3737, telephone (856) 770-0990, an answer to the Complaint (and Amended Complaints if any), filed in a civil action, in which GKA HOMES, LLC, is the Plaintiff and GENERAL S. ASKEW his heirs, devisees and personal representatives are defendants, pending in the Superior Court of New Jersey, Chancery Division, CAPE MAY county and bearing docket number F-51-26, within thirty-five (35) days after the date of publication of this notice, exclusive of such date. If you fail to do so, judgment by default may be rendered against you for the relief demanded in the Complaint (and Amended Complaints if any). You shall file your answer and proof of service in duplicate with the Clerk of the Superior Court of New Jersey, Hughes Justice Complex, P.O. Box 971, Trenton, New Jersey 08625, in accordance with the rules of civil practice and procedure.
This action has been instituted for the purpose of (1) foreclosing on the following Tax Sale Certificate(s), which have been recorded with the CAPE MAY county Clerk/Register’s Office: Certificate No: 2009-5732, recorded on January 15, 2009, in Mortgage Book M4822, at Page 956; now held by the Plaintiff from the Township of Middle against property listed in the name of: GENERAL S. ASKEW his heirs, devisees and personal representatives and (2) to recover possession of and concerns premises commonly known as: W. Main Street, Block 935, Lot 9 on the tax duplicate of said municipality.
Pursuant to Tyler v. Hennepin County, 598 U.S. ____, 143 S. Ct. 1369 (2023), the NJ Supreme Court ordered that surplus equity may be a defense to foreclosure. If this defense is asserted, Plaintiff reserves the right to request that a sheriff’s sale be held and the property sold at sheriff’s sale. If you want Plaintiff to hold a Sheriff’s Sale, you need to send a letter to the Court or our Firm and we will ask the Court to order one. If we do not receive any response, we will proceed with a strict foreclosure and no Sheriff’s Sale. You could lose the property as a result and there would be no money paid to you.
DEMAND A SHERIFF’S SALE OF THE PROPERTY. At any time prior to the entry of a final judgment of foreclosure, the Owner of the property, or his or her heirs, shall have the right to demand, in writing to the Superior Court, that the property be sold by a judicial sale as in the manner of a mortgage or an Internet action of the property through the office of the country sheriff to preserve any equity that may be in the property. If the property goes to sheriff’s sale, the sheriff will hold a public auction sale and the property will be sold to the highest bidder. If the property sells for more than what is owed to the plaintiff, there may be surplus money available to pay other liens on the property or to pay to you.
If, after the sale and satisfaction of the judgment there remains any surplus monies, the money will be deposited with the Clerk of the Superior Court and any person claiming the surplus, or any part thereof, may file a motion pursuant to Rule 4:64-3 and Rule 4:57-2 stating the nature and extent of that person’s claim and asking for an order directing payment of the surplus money. The Sheriff or other person conducting the sale will have information regarding the surplus, if any.
YOU, GENERAL S. ASKEW his heirs, devisees and personal representatives; record owner of the lands and premises
YOU, MRS. GENERAL S. ASKEW, spouse of General S. Askew her heirs, devisees and personal representatives; spouse of record owner of the lands and premises
YOU, UNKNOWN OWNERS AND UNKNOWN CLAIMANTS are hereby made a party defendant to this action because despite due and diligent inquiry extending back more than sixty years, plaintiff is unable to determine whether there exists additional persons or entities who may have some right, title or interest in this property, hence said unknown owners and unknown claimants are named for any right, title or interest which may exist.
If you cannot afford any attorney, call a Legal Services Office in the county where you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). An individual not eligible for free legal assistance may obtain a referral to an attorney by calling a county lawyer referral service. The numbers may be listed in the yellow pages of your phone book. The phone numbers for the county in which this action is pending are: Lawyer Referral Service (609)463-0313, Legal Services Office (609)465-3001
Dated: [PUBLICATION DATE] /s/Michelle M. Smith
Michelle M. Smith
Clerk of the Superior Court
