Complaint

SWC-F-024708-17 10/30/2017 6:47:41 PM Pg 1 of 25 Trans ID: CHC2017774555
RAS Citron, LLC

130 Clinton Road, Suite 202
Fairfield, NJ 07004
973-575-0707
ATTORNEYS FOR PLAINTIFF
NASER SELMANOVIC, Esq.
STATE BAR NUMBER: 041712009
U.S. BANK NATIONAL ASSOCIATION, SUPERIOR COURT OF NEW JERSEY

AS TRUSTEE FOR J.P. MORGAN CHANCERY DIVISION
MORTGAGE TRUST 2006-A6,
MORTGAGE PASS-THROUGH BERGEN COUNTY
CERTIFICATES,
Plaintiff DOCKET NO.: F-
vs. VERIFIED COMPLAINT VACANT &

ABANDONDED RESIDENTIAL
ALEXANDRE JOULINE; TATIANA PROPERTY
NAVKA , MORTGAGE FORECLOSURE
Defendant(s)
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN

MORTGAGE TRUST 2006-A6, MORTGAGE PASS-THROUGH CERTIFICATES,
complaining of the Defendant(s) says:
FIRST COUNT
1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN
MORTGAGE TRUST 2006-A6, MORTGAGE PASS-THROUGH CERTIFICATES, is
authorized to transact business in the State of New Jersey.
2. This action is being brought to foreclose a mortgage because you have failed to comply
with the terms and conditions of the Note and Mortgage. As a result, the entire debt is due,
including the unpaid principal amount due on the Note, and Mortgage, and all unpaid interest
and advances, attorney fees and costs.
3. On July 18, 2006 the Defendant(s), ALEXANDRE JOULINE being indebted to
AMERICA'S WHOLESALE LENDER executed a Note of that date in the amount of

$1,000,000.00 with interest at the 6.875 percent per annum on the unpaid balance; said note
being payable in monthly installments principal and interest in the amount of $5,729.17,
beginning and subsequent installments of principal and interest on the first day of every month
thereafter until September 01, 2006, when the just and full sum of $1,000,000.00 was due and
payable in accordance with the terms of said Note. Late charges will accrue at a rate of 5.000
percent after 15 days of an installment’s due date,
4. To secure the payment of said Note, ALEXANDRE JOULINE, TATIANA NAVKA,
executed to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE
FOR AMERICA'S WHOLESALE LENDER a mortgage of even date with the Note and thereby
conveyed to the aforesaid mortgagee in fee the land hereinafter described on the expressed
condition that such conveyance would be void if payment should be made according to the terms
of said Note. The Mortgage was recorded in the Office of the Clerk/Register of the County of
BERGEN on August 21, 2006 in Mortgage Book 16205 Page 718. The within mortgage is a
purchase money mortgage. The Plaintiff named herein is therefore a real party in interest in
accordance Rule 4:26-1.
5. The property being foreclosed upon herein is commonly known as 466 EAST SADDLE
RIVER ROAD UPPER SADDLE RIVER , NJ 07458 in the Municipality of UPPER SADDLE
RIVER BOROUGH, County of BERGEN, and State of New Jersey, being also known as Block
915 Lot 9 on the Municipality of UPPER SADDLE RIVER BOROUGH tax records. A more
detailed metes and bounds description is attached to this Foreclosure Complaint as Schedule "A”
and made part hereof.
6. The Plaintiff named herein is therefore a real party in interest in accordance Rule 4:26-1.
7. The mortgage was assigned.

8. The aforesaid mortgage was then assigned:
Mortgage assigned by: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE FOR AMERICA'S WHOLESALE LENDER
Mortgage assigned to: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
J.P. MORGAN MORTGAGE TRUST 2006-A6,
Assignment dated: August 5, 2009
Assignment recorded on: September 18, 2009
Assignment Recorded in Assignment of Mortgage Book 00247, at Page 0426-0426 in
BERGEN County Clerk’s office.
9. The Note and Mortgage provide that should any monthly payment required to be
made on the first day of each and every month not be made and should remain in default for a
period of thirty (30) days, the whole of the principal sum should become due and payable at the
option of the mortgagee.
10. The said Note and/or Mortgage also provides, inter alia, that in the event of default,
the mortgagee shall have the right to:
a) take possession of and manage the Property, including the collection of rents and
profits;
b) have a court appoint a receiver to accept rent for the property;
c) start a Court action, known as foreclosure, which will result in a sale of the Property
to reduce the Mortgagor's obligations;
d) sue for any money that the Mortgagor(s) owe the mortgagee.
11. The Defendant(s) failed to pay the monthly payment on March 01, 2009 causing default
the day after the aforementioned due date and said payment has remained unpaid and remains
unpaid.
12. The Plaintiff has complied with the notice of intention requirements of the Fair
Foreclosure Act of the State of New Jersey (N.J.S.A. 2A:50-53 et seq.) and has elected that the
entire unpaid principal indebtedness with all arrearages of interest, further or additional
advances, and delinquency charges be due.
13. The Defendant(s) have deprived the Plaintiff of their right of possession of the premises
described in Paragraph Six, which right accrued thirty (30) days after the date the last payment
due was unpaid as described in Paragraph Eleven hereof.
14. The terms and conditions of the Note and Mortgage being foreclosed on state that
additional interest will continue to accrue for any and all payments made for additional advances,
which may include taxes and insurance, or any other liens which effect the property, or other
advances made to preserve and protect the Plaintiff’s interest in the property, and attorneys’ fees
for services rendered, and will continue to accumulate through to the date of foreclosure sale.
Plaintiff reserves the right to submit its proof of all amounts due at the time that judgment in
foreclosure is entered.
WHEREFORE, the Plaintiff demands judgment:
A. Fixing the amount due to Plaintiff on the Note and Mortgage;
B. Directing the Plaintiff be paid the amount due on its mortgage together with all
arrearages of interest, further or additional advances, delinquency charges and costs;
C. Barring and foreclosing all the Defendants of all equity of redemption in and to said
premises;
D. Adjudging that said lands be sold according to law to satisfy the amount due to the
Plaintiff;
E. Such other and further relief as this Court may deem just and proper, including
without limitation appointment of a receiver of rents and profits and the authorization to
immediately let the premises.
SECOND COUNT
15. Plaintiff repeats and affirms all the allegations as set forth in the First Count as if more
fully set forth at length herein.
16. Defendants, ALEXANDRE JOULINE; TATIANA NAVKA , are in possession of the
property described in the First Count of this Complaint and because of the default in the terms of
the Note and Mortgage described in the First Count of this Complaint, have deprived the Plaintiff
it’s right to possession of the property described in the First Count of this Complaint.
WHEREFORE, the Plaintiff demands judgment
A. For possession of the property in favor of the Plaintiff’s assignee or any purchaser at
sheriff’s sale;
B. For damages for mesne profits;
C. For costs
D. For any other relief that the Court may deem just and equitable.
THIRD COUNT
17. Plaintiff repeats and realleges the allegations of the paragraphs set forth in the First and
Second Counts and makes the same a part hereof, as if repeated at length.
18. The property is vacant and abandoned and is not occupied by a mortgagor or tenant.
19. An inspection of the property, which is the subject of the within foreclosure action, by an
agent of the plaintiff substantiates that the property is vacant and abandoned and that the
following conditions exist

• overgrown or neglected vegetation;
• the absence of window treatments such as blinds, curtains or shutters;
• the absence of furnishings and personal items;
• any other reasonable indicia of abandonment Winterizes notice posted & padlock
on front door;
WHEREFORE, the Plaintiff, in accordance with N.J.S.A. 2A: 50-73 demands judgment
that:
A. the residential property that is the subject of this foreclosure action is vacant and
abandoned as defined by N.J.S.A. 2A. :50-73(a)
B. the court enter a final residential mortgage foreclosure judgment on the return date
of an order to show cause;
C. such other and further relief as the court may deem just and equitable.
RAS Citron, LLC

ATTORNEYS FOR THE PLAINTIFF
DATED: OCTOBER 30, 2017

By: _\S\NASER SELMANOVIC_
NASER SELMANOVIC, Esquire
New Jersey Bar No. 041712009
Communication Email:
NSELMANOVIC@RASNJ.COM
EXHIBIT A - LAND DESCRIPTION
ALL THAT CERTAIN LOT, PARCEL OR TRACT OF LAND, SITUATE AND LYING IN
THE BOROUGH OF UPPER SADDLE RIVER, COUNTY OF BERGEN, AND STATE OF
NEW JERSEY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
KNOWN AND DESIGNATED AS LOT 4 IN BLOCK 9E ON A CERTAIN MAP ENTITLED

"SECTION NO. I SUBDIVISION PLAT FOR JEFFERSON HOMES INC. BOROUGH OF
UPPER SADDLE RIVER, BERGEN CO., NJ" FILED SEPTEMBER 28, 1955 AS MAP #4888,
AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF EAST SADDLE

RIVER ROAD (50' WIDE) SAID POINT BEING LOCATED 230.69 FEET SOUTHERLY
FROM THE INTERSECTION PRODUCED WITH THE SOUTHERLY RIGHT OF WAY
LINE OF ROLLING RIDGE ROAD (50'WIDE) AND THE EASTERLY LINE OF EAST
SADDLE RIVER ROAD AND RUNNING THENCE
1) SOUTH 58 DEGREES 53 MINUTES 30 SECONDS EAST FOR A DISTANCE OF 232.94

FEET TO A POINT; THENCE
2) SOUTH 09 DEGREES 10 MINUTES 55 SECONDS WEST FOR A DISTANCE OF 143.09

FEET TO A POINT; THENCE
3) NORTH 68 DEGREES 43 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 250.19

FEET TO THE EASTERLY LINE OF EAST SADDLE RIVER ROAD; THENCE;
4) ALONG THE SAME, NORTH 18 DEGREES 05 MINUTES 05 SECONDS EAST FOR A

DISTANCE OF 134.95 FEET TO A POINT OF CURVATURE, THENCE
5) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1107.70 FEET, AN ARC

DISTANCE OF 45.00 FEET TO THE POINT OR PLACE OF BEGINNING.
THE ABOVE DESCRIPTION IS IN ACCORDANCE WITH A SURVEY MADE BY P&M

SURVEYING INC., DATED 06/23/2006
BEING COMMONLY KNOWN AS 466 EAST SADDLE RIVER ROAD, UPPER SADDLE
RIVER, NJ 07458
BEING DESIGNATED AS LOT 9 IN BLOCK 915 IN THE TAX MAP OF THE BOROUGH
OF UPPER SADDLE RIVER, COUNTY OF BERGEN, STATE OF NEW JERSEY
RAS Citron, LLC

COUNT I
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Ll.S. B,{N K NA'l'ìON¡\ l- ¿\SSOCtATtON, SI]PE]ìIOII COURI'OI; NEW JERSþ;Y

AS ]'lìtlS'l'liE FOR J.p. tvt0tìC¡\N CH¡\NCER)' DMSION
ì\ IORTr ìA(il ; TRt JtiT 2U0ó-¡\6.
TVIORTGA(ìIj PAS S-'I'I I ROLJC } I BERGF,N COLNI'Y
CÊR1'lFItlAl-i1S,
P I ai nti I'f7lvf olt gagee DOCKß1'NO.
vs. ÇgLINl' Irr VERTFIC]AI rgN

AFFIÐAVIT' OII VACANT &
ALIIXAN DR[, JOi-l LIN [;'lÀ'l'I,,\ìVA ARAN I]ONDI]D RES IDEN'| IAl-
NÁ.VKA, PIIOPERTY
üëT"e nd ant(s)Ívlo rt gä[,ri( i) n¿irn tcÄbE ronnöilösiiär
I, Ç¡flil_ÇArni)l do hereby certily that:
L I at'n ar¡ agcnt ol'PlaintilT in this foreclosure iìction.
2. I pcrsonally insirectcd the real property located at 466 EÀS'f SADDI,E

RIVEII RoAl) UPPEIì SADDLE RIVER, NJ 07458 in rhe Municipatity of
UPPER SADDI-I] RìVER RORO in the County of BERGËN and the Statc of
New Jersey whicl¡ is the subject olthe ivithin foreclosure action on Jr¡nQ 27,
ælZiil ¡-Q, æ*ü r:*¡uLr!-J t ¡ ¡u liLSQlZ-6å9*srt
3. property is vacant a¡rd

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on thc to dccide
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Sigruiture ol'l' r0c(:slì Servcr
PRE-SUM MARY FORECLOSU RE AFFIDAVIT

I CARLA GOMES , of being full age, being duly sworn according to law, deposes and says:
t. I am a process server for Status LLC with offices located at L509 Stuyvesant Avenue, Union,
NJ 07083, and can be reached at (877)899-7828.
2. I understand that this certification will be relied upon by the aforementioned Plaintiff and
the Court during the foreclosure procedure. I have no direct stal<e or interest in the outcome of any
related litigation.
*l.r
3. On folatltl ,at /l:r(,rltf-{ , and on ("lzol ,--t , at (,t::3,i f conducted
a physical inspection of the real property located the following address: 466 EAST SADDLE RIVEß
ROAD UPPER SADD LE RIVER. NJ 07458. This certification is made based u pon my personal
knowledge of the condition of the property obtained as a result of said inspection

4. Durin m tn ion, I observed the followin checl< all that a
ABANDONED OCCUPIED
[WOvergrown or neglected vegetation [ ] Car(s) in the driveway

[ ] Accumulation of mail, newspapers, flyer or circulars [ ] Lights on
[ ] Disconnected utilities [ ] Neighbors stated property is not vacant
[ ] Accumulation of hazardous, noxious or unhealthy [ ] Mailin mailbox
substances [ ] Furniture in house
I l¡nt<, litter, trash or debris of the property [ ] Property maintained (grass cut, snow
M4bsence of blinds or other window treatments shoveled)
M'Absence of furnishings or other personal items [ ] Any other indication property is occupied
[ ] Third-part statements that property is abandoned. or unable to determine
Please províde additional info about third party and
statement below.
[ ] Boarded or broken windows
[ ] Broken, unhinged or unlocked doors
[ ] Risks to public health or welfare, including vandalism
or criminal conduct
[ ] Municipal code violations
[ ] Security or winterization measures indicating vacancy
[ ] A written statement by the mortgagor indicating
vac9ÀcY
lvl'Anv other "reasonable indicia of abandonment"
er (pl ase ea stateme \lde p tion (s)needed here) [il,n'ln:ri'1.-e ¿ ,.. r¡*t¿''¿'
rl
Su bscri bed and Sworn to this
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Notary Signatur Signature of Process Server
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Notar ub c s ts o N o
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SWC-F-024708-17 10/30/2017 6:47:41 PM Pg 1 of 25 Trans ID: CHC2017774555

RAS Citron, LLC

U.S. BANK NATIONAL ASSOCIATION, SUPERIOR COURT OF NEW JERSEY

vs. VERIFIED COMPLAINT VACANT &

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN

1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN

MORTGAGE TRUST 2006-A6, MORTGAGE PASS-THROUGH CERTIFICATES, is

authorized to transact business in the State of New Jersey.

and advances, attorney fees and costs.

3. On July 18, 2006 the Defendant(s), ALEXANDRE JOULINE being indebted to

AMERICA'S WHOLESALE LENDER executed a Note of that date in the amount of

percent after 15 days of an installment’s due date,

4. To secure the payment of said Note, ALEXANDRE JOULINE, TATIANA NAVKA,

executed to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE

accordance Rule 4:26-1.

and made part hereof.

7. The mortgage was assigned.

8. The aforesaid mortgage was then assigned:

Mortgage assigned by: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,

INC. AS NOMINEE FOR AMERICA'S WHOLESALE LENDER

Mortgage assigned to: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR

J.P. MORGAN MORTGAGE TRUST 2006-A6,

Assignment dated: August 5, 2009

Assignment recorded on: September 18, 2009

Assignment Recorded in Assignment of Mortgage Book 00247, at Page 0426-0426 in

BERGEN County Clerk’s office.

option of the mortgagee.

the mortgagee shall have the right to:

b) have a court appoint a receiver to accept rent for the property;

to reduce the Mortgagor's obligations;

advances, and delinquency charges be due.

due was unpaid as described in Paragraph Eleven hereof.

WHEREFORE, the Plaintiff demands judgment:

A. Fixing the amount due to Plaintiff on the Note and Mortgage;

arrearages of interest, further or additional advances, delinquency charges and costs;

immediately let the premises.

fully set forth at length herein.

16. Defendants, ALEXANDRE JOULINE; TATIANA NAVKA , are in possession of the

WHEREFORE, the Plaintiff demands judgment

B. For damages for mesne profits;

following conditions exist

• overgrown or neglected vegetation;

• the absence of window treatments such as blinds, curtains or shutters;

• the absence of furnishings and personal items;

of an order to show cause;

RAS Citron, LLC

DATED: OCTOBER 30, 2017

EXHIBIT A - LAND DESCRIPTION

KNOWN AND DESIGNATED AS LOT 4 IN BLOCK 9E ON A CERTAIN MAP ENTITLED

BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF EAST SADDLE

1) SOUTH 58 DEGREES 53 MINUTES 30 SECONDS EAST FOR A DISTANCE OF 232.94

2) SOUTH 09 DEGREES 10 MINUTES 55 SECONDS WEST FOR A DISTANCE OF 143.09

3) NORTH 68 DEGREES 43 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 250.19

4) ALONG THE SAME, NORTH 18 DEGREES 05 MINUTES 05 SECONDS EAST FOR A

5) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1107.70 FEET, AN ARC

THE ABOVE DESCRIPTION IS IN ACCORDANCE WITH A SURVEY MADE BY P&M

RAS Citron, LLC

Il..\S CitLon, l-1"(l

Ll.S. B,{N K NA'l'ìON¡\ l- ¿\SSOCtATtON, SI]PE]ìIOII COURI'OI; NEW JERSþ;Y

vs. ÇgLINl' Irr VERTFIC]AI rgN

I, Ç¡flil_ÇArni)l do hereby certily that:

L I at'n ar¡ agcnt ol'PlaintilT in this foreclosure iìction.

2. I pcrsonally insirectcd the real property located at 466 EÀS'f SADDI,E

3. property is vacant a¡rd

t)ÀliD: l-ll_ 3_{J t-l

PRE-SUM MARY FORECLOSU RE AFFIDAVIT

NJ 07083, and can be reached at (877)899-7828.