IN THE STATE OF NEW JERSEY IN THE MATTER OF COURT Timothy Patrick Murray CIVIL v McCabe Law Firm, XXX,

et al CAPE MAY COUNTY IN THE SUPERIOR

COMPLAINT

ILLEGAL EJECTION, FAILURE TO GIVE NOTICE, FRAUD, CONSPIRACY TO DEFRAUD, MALPRACTICE, FRAUD UPON THE COURT, MISTAKE BY THE COURT, DENIAL OF RIGHT TO DUE PROCESS, ILLEGAL FORECLOSURE, ILLEGAL EVICTION This suit is brought by Timothy Patrick Murray, pro se Plaintiff and bona fide lease holder of foreclosed property illegally conveyed to Buyer. I. Petitioner has been a part-time domiciliary of the State of NJ for the preceding six-month period and a resident of Cape May County for the preceding ninety-day period.

CAUSE OF ACTION
THE FACTS

II.
IV.

V. Petitioner requests the Court to order a REVERSAL OF THE FORECLOSURE SALE, an order for reinstatement of the valid lease, the re-occupancy of the home in question, damages for violation of law and injury sustained thereto, return of all property and liability for any missing, damaged and unaccounted for, and any other relief that the Court deems just and right, as provided by law. VI. I hold legal lease to property which was owned by my brother Francis X Murray with whom I executed a lease agreement for the property in the summer of 2010 for both a term and optional month to month basis, the exact terms of which will be furnished as evidence in a future hearing or pleading or discovery as is per NJ civil procedure. This action is complex, involves many parties and is based on multiple counts that are connected in what I allege is a fraudulent foreclosure, fraudulent sheriff sale and a fraudulent conspiracy between certain Defendants, but the main foundational injury and cause of action shall be defined: I seek remedy to in the action and thus the main cause of action is against the ostensible new owner of the property, XXX, and his amoral, unethical and quite illegal actions against me in the form of the illegal ejection of me and my family, the lockout and the grand theft of all material possessions within home WITHOUT ANY notice as required by NJ law germane to foreclosure, as well as all landlord/tenant right laws, namely NJ law protecting tenants who are living in a foreclosed home. N.J. Stat. Ann. 2A:50-70 (2009) provides that the new owner of foreclosed residential property must give written notice to tenants about the change of ownership and the tenants right to remain in the property no later than 10 business days after the transfer of title. (Under preexisting New Jersey law, foreclosure is not a valid basis for eviction.) The statute also requires the new owner to give the same notice to tenants again when they communicate with the tenants, verbally or in writing, to induce them to vacate. Effective February 16, 2010, N.J. Stat. Ann. 2A:50-71 (2009) provides that the new owner of foreclosed residential property (or his agents) cannot induce tenants of the property to vacate

except with a bona fide monetary offer. The tenants shall have five business days to decide whether to accept or reject the offer. The statute specifically prohibits the new owner from misrepresenting the tenants rights, taking harassing action such as cutting off utilities, or unlawfully increasing the rent. Self-help eviction by the owner or landlord is illegal. The State has made it a disorderly persons offense for any person, after having been warned by a public official, to attempt to evict tenant in any way except via the courts. If a landlord performs an illegal lockout, the tenant may call the police. Under N.J.S.A 2C : 33 :11 if the landlord refuses to allow the tenant back into the premises after the police have warned the landlord about the illegal procedure, the landlord may be charged with a disorderly persons offense. It shall be the duty of the (police) officer to prevent the landlord or any other person from obstructing or hindering the reentry and reoccupancy of the dwelling by displaced occupant. The landlord must take a tenant to court before he can be evicted. Only a judge can order a legal eviction. Owners are not allowed to threaten tenants, remove their personal property from their homes, lock them out, or shut off utilities in an effort to regain possession. New Jersey laws are protective of all tenants and all tenants are protected whether or not there is a written lease. We are therefore protected by the Eviction for Just Cause Act, also known as the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 to -61.16a). Under this law, owners are only allowed to evict tenants for grounds stated in the statute. I seek the remedy of repossession of the home as per my lease agreement pursuant to N.J.S.A. 2A:18-61.1(j) as well as tripled damages under RICO for the failure of XXX to obey the law germane to tenant rights as well as reverse the entire foreclosure transaction as it was done with unclean hands and involved, I allege, a conspiracy between Defendants I will provide evidence for at trial. Beyond conspiracy there is also the fraud of the transaction, as the home, as of 1/4/2011, was conveyed to a buyer who DID NOT SATISFY THE FIRST MORTGAGE and to further elucidate the inadequacy of the oversight, there A SALE PENDING ON THE HOME, contingent upon the result of a hearing for CitiMortgage.

In short, the remedy sought is an outright restoration of my rights as tenant, which I allege would not be infringed IF THE RIGHTS OF THE FORMER OWNER, my brother, WERE NOT SO EGREGIOUSLY VIOLATED by illegal fraudulent foreclosure for reasons to be evidenced. A federal law passed in May 2009, Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22). Because it is less protective than NJ, New Jersey laws continue to be followed. The Protecting Tenants at Foreclosure Act of 2009 (PTFA) The PTFA provides new federal rights to tenants, including the aforementioned right to receive at least 90 days advance notice from the new owner of a property after foreclosure before the tenant(s) can be required to vacate the property. Under the new law, in most circumstances new owners of foreclosed properties, including banks or other lenders, must permit bona fide tenants to remain in their homes for the full length of their lease under the existing lease terms, unless the new owner plans to live in the property as his or her primary residence. A landlord must have grounds under N.J.S.A. 2A:18 - 61.1 to evict a tenant. Tenants retain their rights under tenant laws even in properties that are or have been foreclosed. The law also requires landlords to provide tenants with notice of reason for eviction before bringing them to court. Tenants may call the police if the landlord or any other person enters the premises and attempts to evict them by these means. The police then have a duty to assist tenants re-occupying their homes. (N.J.S.A. 2C : 33-11.1). Tenants can only be evicted through a court process. This applies to all tenants, including those who are not covered by the Eviction for Just Cause Act. The New Jersey Supreme Court has made clear that foreclosure alone is NOT grounds for eviction. In Chase Manhattan Bank v. Josephson (135 N.J. 209 (1994)), the Court stated that when a lender or other buyer takes a property through foreclosure, the tenants come with it. The new owner becomes landlord and must abide by all laws related to owning property.

The New Jersey Supreme Court amended the state court rules to require that, before entry of judgment in a foreclosure matter, the plaintiff must serve on all tenants a notice of tenants rights during foreclosure, and also that a notice of sale posted on the property must be accompanied by the notice of tenants rights during foreclosure. Self-help evictions occur when the landlord or someone acting on the landlords behalf enters into the dwelling unit without the permission of the tenant and without a judgment from the Court and forces the tenant to move, by removing the tenants personal property from the premises or shutting off utilities in an attempt to force the tenant to move. A lockout occurs when the landlord padlocks the door or changes the locks while tenants are not home and then refuses to allow them back into the premises' Self-help eviction lockouts are illegal in New Jersey. In November 2009, NJ adopted a rule that requires a foreclosing lender to give residential tenants written notice of their rights or else the foreclosure cannot be completed. The sheriff must also post the notice on the property. The notice provides similar information to the court notice but has some additional information, including where and to whom tenants should pay their rent. In buildings with 10 or fewer units, new owners must provide the notice to each tenant; in buildings with more than 10 units, they must post the notice in a common area. New owners must also provide tenants with the notice when and if they or their agents try to persuade tenants to move out voluntarily (such as offering them a cash-for-keys agreement). The law allows tenants to sue new owners or their agents for either triple damages or $2000 per violation of the law (plus attorneys fees and costs) if they (1) fail to provide the required notice or (2) use illegal means to pressure tenants to leave, such as misrepresenting tenants rights, harassing tenants (shutting off utilities, failing to maintain the property), implying that tenants have to accept offers to leave, or increasing rents beyond what is legally allowed. The Foreclosure Fairness Act (P.L. 2009, c. 296) requires buyers of foreclosed properties to provide written notice in English and Spanish within 10 days after taking ownership. The form of the notice is specified in Appendix XIIK... the notice must inform tenants of their right to stay in the property:

NOTICE TO RESIDENTIAL TENANTS OF RIGHTS DURING FORECLOSURE A FORECLOSURE ACTION HAS BEEN FILED CONCERNING 1306 OCEAN AND THE OWNERSHIP OF THE PROPERTY MAY CHANGE AS A RESULT. UNTIL OWNERSHIP OF THE PROPERTY CHANGES OR YOU ARE OTHERWISE INFORMED BY THE COURT OR THE MORTGAGE HOLDER,YOU SHOULD CONTINUE TO PAY RENT TO LANDLORD. YOU SHOULD KEEP RECEIPTS OR CANCELED CHECKS OF YOUR RENT PAYMENTS. IF YOU ARE NOT SURE HOW OR WHERE TO PAY RENT, SAVE YOUR RENT MONEY SO THAT YOU WILL HAVE IT WHEN THE OWNER DEMANDS IT. NONPAYMENT OF RENT IS GROUNDS FOR EVICTION. FORECLOSURE ALONE IS GENERALLY NOT GROUNDS TO REMOVE A BONA FIDE RESIDENTIAL TENANT. TENANTS WHO WANT TO STAY IN THEIR HOMES CAN BE REMOVED ONLY THROUGH A COURT PROCESS. WITH LIMITED EXCEPTIONS, THE NEW JERSEY ANTI-EVICTION ACT PROTECTS RESIDENTIAL TENANTS RIGHTS TO REMAIN IN THEIR HOME. THIS LAW INCLUDES PROTECTION FOR TENANTS WHO DO NOT HAVE WRITTEN LEASES. IT IS UNLAWFUL FOR ANYONE TO TRY TO FORCE YOU TO LEAVE YOUR HOME OUTSIDE THE COURT PROCESS, INCLUDING BY SHUTTING OFF UTILITIES OR FAILING TO MAINTAIN THE PREMISES. NO SUCH NOTICEWAS GIVEN TO ME Notified or not New Jerseys tenants have the right to remain in their homes during and after a foreclosure, whether or not they have a written lease. The new owner takes the property with the tenants in it, and tenants cannot be removed simply because the property has changed hands. If a property changes hands, the new owner (not the old owner) is responsible for refunding the tenants security deposit when the tenant leaves the property. Many tenants are told that they have to get their security deposit from the old owner; this is not true. (N.J.S.A. 46:820 and -21).

Tenants must receive written notices about their rights and responsibilities before and after the foreclosure. The new owner cannot harass or mislead tenants to get them to leave. Tenants cannot be evicted or removed simply because the property where they live has been foreclosed. New Jersey generally permits evictions of tenants only for good cause, and foreclosure does not qualify as good cause. Therefore, New Jersey state law typically provides equivalent or more protection than PTFA with respect to tenants right to remain in the property following foreclosure. New Jersey state law also requires that tenants be notified of their rights in foreclosure, which goes beyond the scope of the PTFA. Tenants in foreclosed properties will be protected by the Eviction for Just Cause Act because a bank or other business is not considered to be an owneroccupant for purposes of this exception. Aquino v. Pittari, 245 N.J. Super 585 (1991); 3519-3513 Realty, LLC v. Law, 406 N.J. Super 423 (2009). Where a judge orders eviction, only court officers with a warrant of removal signed by a judge can lawfully evict tenants. (N.J.S.A. 2A: 39-1 and -2; N.J.S.A. 2A: 18-57; N.J.S.A. 2A:42-10.16; and related statutes). At the end of a lease term the landlord cannot evict a tenant covered under Eviction for Just Cause Act except for one of the so identified reasons. If landlord and tenant do not sign another lease, lease continues on month-to-month basis. (N.J.S.A. 46:8-10). Prior to asking for the final judgment, the lender must send tenants living in the property the notice required under the new court rule.The sheriff must also post a notice of tenants rights on the property under the new court rule. If the court issues a final judgment of foreclosure, it will also issue a writ of execution. The writ will order the county sheriff to sell the house and remove the owner is living in house- yet after notifying Defendants of lease and the law that tenants cannot be removed, I was. Before sale, the sheriff will notify the owner of sale- a fact which is being disputed in appeal action by former owner. After sheriff sale and redemption period (10 days during which the owner must pay off all the money and regain possession of the house), the buyer at the sheriff sale is now the owner of the house, and also the landlord. The buyer must follow all of the laws that apply to landlords.

Within 10 days of taking title to the property, the new owner must notify the tenants of their rights and where to send the rent, according to the new law, Foreclosure Fairness Act. But XXX did not notify me of anything- nor did he obtain title properly, as to THIS VERY DAY there is a hearing pending regarding the FIRST MORTGAGE! RATHER THAN NOTIFY ME OR COORDINATE THE MOVE OUT WITH MY BROTHER FRANCIS- XXX, WITHIN MERE DAYS OF TAKING TITLE PROCEEDED TO ENTER THE PROPERTY AND REMOVE AT LEAST $250,000 WORTH OF PROPERTY AS WELL AS CHANGE ALL THE LOCKS- ALL WITHOUT NOTICE. Landlords who violate the law with respect to the tenant notice requirements or treatment of tenants shall be subject to triple damages, or at discretion of the victimized tenant, damages in the amount of $2,000, plus attorney fees/costs. Pursuant to 12 USC 5220, P.L. 111-22, Div A, Title VII sec. 702, 123 Stat. 1660, before a tenant can be evicted due to foreclosure, landlord must provide the tenant with a 90 day notice to quit. However, if a tenant has a lease agreement that goes beyond the 90 days the landlord may not take action to evict the tenant until after the lease expires and the 90 day notice to quit has been given. The 90-day notice may be given 90 days before the lease expires. Month-to-month tenants and two and three-family owner- occupied units are not exempt from the 90 day notice requirements. Attorneys are subject to the Rules of Professional Conduct, which may be violated if attorneys knowingly (1) make a false statement of material fact or law to a third person; or (2) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client. R.P.C. 4.1(a). Real estate licensees violate the regulations that govern them if they draft or send letters or notices that state or imply that a tenant is subject to eviction solely because of a foreclosure. (N.J.A.C. 11:5-6.1(r).

In addition, attorneys are subject to the federal Fair Debt Collection Protection Act. This law, which requires debt collectors to provide certain information to people who they are trying to collect money from, applies to attorneys when they are trying to collect rent from tenants. Under this law, communication (either oral or written) must inform the tenant that the attorney is trying to collect a debt and that any information obtained will be used for that purpose (all communication must say that it is from a debt collector). Within 5 days of communication, the attorney must give the tenant written notice outlining the tenants rights in the debt collection process (that is, the right to verify and dispute the debt) and state the amount of rent owed. The attorney cant misrepresent the amount of rent or collect rent not legally due. There are exceptions to these requirements where the communication is in the form of a court document. (15 U.S.C. 1692 -1692p). Attorneys as well as others could be liable under the Consumer Fraud Act if they try to remove tenants from properties because of a foreclosure. (N.J.S.A. 56:8-2). The writs of execution and final foreclosure judgments are drafted by the attorneys for the lenders and the attorneys sometimes use language in court papers that cause problems because it seems to cover tenants (for example, and any and all persons occupying said premises). This is especially problematic because tenants often do not have the opportunity to demonstrate that they are in fact legitimate tenants until after the removal has already been ordered by the court and scheduled by the sheriff. If a court order specifically names a tenant to be removed, the sheriff must evict that person. Sometimes, however, sheriffs read the language in the order and believe that they must evict everyone. Also, some notices that sheriffs create and post on property include language, such as occupants instead of owners, that appears to include tenants. The Attorney General distributed a memo to sheriffs regarding the rights of tenants living in foreclosed properties.

Pursuant to N.J.S.A. 2A : 50-69, et seq. any person acquiring a foreclosed property containing one or more residential rental units must provide notices that must be addressed to tenants by name, unless the new owner is unable to identify the tenant by name, then the owner shall address the notice to Tenant. The notice must also be placed on the door of tenants unit and sent to each tenant via certified and regular mail. Any written or verbal communication, including a summons and complaint, an initial written or verbal communication by a foreclosing creditor, or any communication written or verbal that requests a tenant to vacate the property before the foreclosure or sale of the property, requires the foreclosing creditor to give notice to the tenants as outlined in the NJ Court XXII-K (2010) entitled Notice to Residential Tenants of Rights During Foreclosure. When making a bona fide monetary offer to induce tenants to move, the new owner must provide a separate and different notice from notice required by foreclosing creditor. The new owner must provide a copy of the NOTICE TO TENANTS and give it with the initial and final written or verbal offer to tenant. A creditor serving a summons and complaint to foreclose on a residential property must, within 10 days of serving the summons and complaint, notify the municipal clerk of the municipality in which the property is located with a copy of the notice at the same time it is served on the owner. The municipal clerk shall forward a copy of the notice to the public officer, or other local officials responsible for enforcing property maintenance or public nuisance codes. (N.J.S.A. 46:10B-51). The foreclosing agency, including a bank, creditor, or a new landlord may make a written bona fide (good faith) monetary offer requesting that the tenant vacate the property, without good cause. An acceptance of the offer by the tenant must be in writing and include an acknowledgement of the date of the receipt of the offer, and an understanding that the tenant had a fiveday review period to accept or reject the offer presented. However, it is important to note that the acceptance of a bona fide monetary offer is voluntary. The tenant shall not be pressured by anyone, including the person making offer. Illegal pressure tactics include but are not limited to:

1) Mischaracterizing or misrepresenting the rights of the tenant under the law; 2) Implying the tenant is obligated to accept the offer; 3) Implying that there will be consequences against the tenant for failing to accept offer; 4) Harassment, including but not limited to discontinuance of utilities, failure to maintain common areas or facilities, or any other failure to maintain the premises in a habitable condition; and 5) An increase in rent in excess of any rent control or rent leveling ordinance, or if the property is not subject to rent control, an unreasonable or unconscionable rent increase. IF THESE ARE ILLEGAL, then what would breaking in, taking away to an undisclosed location over a quarter of a million dollars in fragile and valuable property and changing the locks with NO NOTICE? A landlord may not attempt a self-help eviction or lockout. 2A:39-1 No person shall enter upon or into any real property or estate therein and detain and hold the same, except where entry is given by law, and then only in a peaceable manner. With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq.(C.2A:18-61.1 et al.), A person violating this section regarding entry of rental property occupied solely as a residence by party in possession shall be a disorderly person. 2A:39-2. If any person shall enter upon or into any real property and detain or hold the same with force, whether or not any person be in it, by any kind of violence whatsoever, or by threatening to kill, maim or beat the party in possession, or by such words, circumstances or action as have a natural tendency to excite fear or apprehension of danger, or by putting out of doors, or carrying away the goods of the party in possession, or by entering peaceably and then, by force or frightening by threats, or by other circumstances of terror, turning the party out of possession, such person shall be guilty of a forcible entry and detainer within the meaning of this chapter.

With regard to any real property occupied solely as a residence by the party in possession, if any person shall enter upon or into said property and detain or hold same in any manner without the consent of the party in possession unless the entry is made pursuant to legal process as set out in N.J.S. 2A:18-53 et seq, such person shall be guilty of an unlawful entry and detainer within the meaning of this chapter. 2A:39-3. No person lawfully or peaceably entering upon or into any real property shall hold or keep the same with force; and whatever words or circumstances, conduct or actions, as will make an entry forcible here shall make a detainer forcible. 2A:39-4. If any tenant or other person in possession of any real property under a tenant, shall willfully and without force, hold over any such real property after demand and notice in writing given for the delivery of the possession thereof by a lessor or the person to whom the remainder or reversion of such real estate shall belong, such tenant or other person, so holding over, shall be guilty of an unlawful detainer. 2A:39-5. A person taking possession of real property, without the consent of the owner or without color of title, and willfully and without force holding or detaining the same after demand and written notice given for the delivery of the possession thereof, by the owner or person entitled to possession or right to possession shall be guilty of an unlawful detainer. Actions cognizable before Superior Court 2A:39-6. Any forcible unlawful entry and detainer, forcible detainer and unlawful detainer as defined in this chapter shall be cognizable before the Superior Court, and determine an action therefor in a summary manner. 2A:39-7. Title not inquired into; defense of 3 years possession Title shall not be an issue in any action commenced under this chapter. 3 years peaceable possession by the defendant shall be a defense to action. 2A:39-8. Treble damages in lieu of possession In any action under this chapter, a plaintiff recovering judgment shall be entitled to possession of the real property and shall recover all damages proximately caused by the unlawful entry and detainer including court costs and reasonable attorney's fees. When a return to possession would be inappropriate remedy, treble damages shall be awarded in lieu thereof.

The judgment may be enforced against either party in a summary manner by any process necessary to secure complete compliance therewith including payment of costs. Uniform Procedures for Public Sales The act sets forth uniform procedures for public sales of mortgaged property. N.J.s.a. 2a:50-64. A sheriff must schedule a sale date within 120 days of the receipt of the writ of execution for such sale. at least 10 days prior to the sale, the foreclosing mortgagee must provide notice of the sale to the record owner of the property when the action was commenced, and to all parties who have appeared in the foreclosure action. The mortgagor has the statutory right to two adjournments (of 14 days each) of the sheriffs sale date. The mortgagor has a period of 10 days following the date of the foreclosure to redeem the property following the date of the sheriffs sale. If the property is not redeemed within the time period, the sheriff will deliver a deed of conveyance for the foreclosed property to the successful bidder at the sheriffs sale. New Jersey deficiency action statute has a foreclosure first requirement, before an action on the bond or note for any deficiency can be pursued. N.J.s.a. 2a:50-2. Once foreclosure proceedings have been completed and the sale conducted, the deficiency action must be commenced within three months of the foreclosure sale. If a deficiency action is pursued, the mortgagor has a statutory right to obtain a fair market value credit of mortgaged premises against amount due on the mortgage note. N.J.s.a. 2a:50-3. Since the issuance of the Without Just Cause report, it concludes that despite the PTFA law, many tenants across the country are still being ordered to vacate their homes with little notice once the property enters foreclosure. For example, even though she had been paying her rent on time, Beverly, a resident of a rental property in Ohio, came home one weekend to find her apartment had been padlocked, and her belongings removed. She didnt know the building was in foreclosure, and its new owners had illegally evicted her. Forced to stay with relatives, as even her bed had been taken, Beverlys rights under the Act were violated; The facts are briefly summarized as:

FACTS

FX and Mom please write up basic dates names facts...

WHEREFORE Petitioner prays that citation and notice issue as required by law and that the Court grant a re-occupancy order, a property recovery and restoration order, a treble damages order, an order remanding the causative action (Wachovia) the 2nd mortgagee back to trial court or as per the terms of the final judgment vacate and reverse both the final judgment in the Wachovia foreclosure due to the fact that as Defendants in the THE OUTSTANDING ANDF UNRESOLVED action of the SENIOR lien holder- CitiMortgage. That the Court simply reverse the sheriff sale as Wachovia is bound to the terms of aforementioned order which explicitly and quite typically in these default matters included a clause that reads to paraphrase that all DEFENDANTS (Wachovia included) is herein and forever BARRED from all rights to redemption and foreclosure and decree DAMAGES, CRIMINAL SANCTIONS AND any and all such other relief as more specifically requested in this Petition or deemed rightful by the Court. Petitioner prays that Defendants be ordered to pay the fees and costs of this suit. Petitioner prays for general and specific relief.

Respectfully submitted, Timothy Patrick Murray, PRO SE