Complaint for Quiet title

BARRY ZOLTY

187 South Hope Chapel Road

Township of Jackson

Lot 61, Block 21801

Phone Number (with area code)

Fax Number (If applicable)

Email Address (If applicable)

Plaintiff In Pro Per.

 

SUPERIOR COURT OF THE STATE OF NEW JERSEY

COUNTY OF OCEAN

 

 BARRY ZOLTY                  

Plaintiffs   

 

     v.

 

ROSEMARY ROGERS, an individual, 

 FRANK SCHWARTZ an individual, 

YOSAIF OPPEN, an individual,

BARBARA LYNN MIXON, an individual, and 

JAMES EDWIN MITCHUM, an individual.                                    

 

                                  Defendants,                                                              

 

  1. Comes Now Plaintiff, pro se, with his complaint for Quiet Title, complaining for declaratory judgment in respect of the same. 
  2. Jurisdiction over the subject matter of this case is conferred upon this court pursuant to N.J. Ct. R. 4:3-5.
  3. Venue is proper per N.J. Ct. R. 4:3-6 in that the action affects title to real property in Ocean county where the affected property is situate.

PARTIES

  1. Plaintiff Barry Zolty (hereinafter “plaintiff”) is an individual, a resident of Jackson Township, New Jersey.            
  2. All the defendants are heirs of the original owners of the property (original owners described shortly hereinbelow).  

ALL CAUSES OF ACTION

  1. Plaintiff holds interest in certain tract or parcel of land and premises situate lying and being in the Township of Jackson of the County of Ocean, State of New Jersey, commonly known as: 187 South Hope Chapel Road, also known as Lot 61 in Block 21801 on the tax map of the Township of Jackson (hereinafter “property”).
  2. Plaintiff holds said interest in the said property through a mortgage dated September 25, 2020 from The Oppen Group LLC of address 187 South Hope Chapel Road Jackson, NJ 08527. 
  3. Plaintiff is in sole possession of the property. There are no tenants or other occupants of the property. 
  4. Since the plaintiff acquired the said mortgage and obtained possession of the property, no one has questioned his ownership or right to possession. Further, no other person has any lien or encumbrance to the property. 
  5. The property originally belonged to L. Worrel Holman and Elizabeth H. Holman (hereinafter “original owners”).
  6. On or about June 26, 1928, the original owners, by indenture, granted the property to Wilmot Schwartz, Frank Schwartz, John Schwartz, and William Vwurster (hereinafter “new owners”). 
  7. Upon the demise of the new owners, ownership of the property moved to their heirs namely, Rosemary Rogers, Frank Schwartz, Yosaif Oppen, Barbara Lynn Mixon, and James Edwin Mitchum.
  8. On or about June 9, 2016, Rosemary Rogers transferred her interest in the property to The Oppen Group LLC and entered a Quit Claim Deed in that regard.  
  9. On or about June 9, 2016, Frank Schwartz transferred his interest in the property to The Oppen Group LLC and entered a Quit Claim Deed in that regard.  
  10. On or about June 28, 2016, Yosaif Oppen transferred her interest in the property to The Oppen Group LLC and entered a Quit Claim Deed in that regard.  
  11. On or about March 3, 2017, Barbara Lynn Mixon transferred her interest in the property to The Oppen Group LLC and entered a Quit Claim Deed in that regard.  
  12. On or about March 3, 2017, James Edwin Mitchum transferred her interest in the property to The Oppen Group LLC and entered a Quit Claim Deed in that regard.  
  13. As of July 25, 2020, title in the property vested in The Oppen Group LLC by the following deeds: 
  1. deed from Rosemary Rogers, dated June 9, 2016, recorded June 10, 2016, in the Clerk’s Office of the County of Ocean, New Jersey, in Deed Book 16417, page 1207;  
  2. deed from Frank Schwartz dated June 9, 2016, recorded June 10, 2016 in Deed Book 16417 page 1210;  
  3. deed from Yosaif Oppen dated June 28, 2016, recorded June 29, 2016 in Deed Book 16433 page 1416;  
  4. deed from Barbara Lynn Mixon dated March 3, 2017, recorded June 26, 2017 in Deed Book 16781 page 58;  
  5. deed from James Edwin Mitchum, Jr. dated March 3, 2017, recorded June 26, 2017 in Deed Book 16781 page 62. 
  1. Formal searches performed on the property revealed that The Oppen Group LLC was the sole owner of the rights in the property. 
  2. On or about September 25, 2020, the plaintiff entered a mortgage agreement with The Oppen Group LLC upon which interest in the property was transferred to the plaintiff. 
  3. The plaintiff enjoys peaceful possession pursuant to N.J.S.A. 2A:62-2.

III

CONCLUSION

For all of the above reasons, Plaintiffs respectfully requests this honorable court as follows:  

  1. The court grants a declaration that the title to the subject property is vested in plaintiff alone;  
  2. The defendants herein, and each of them, be declared to have no estate, right, title or interest in the subject property; 
  3. The said defendants, and each of them, be forever enjoined from asserting any estate, right, title or interest in the subject property adverse to plaintiff herein; 
  4. For costs of suit herein incurred; and 
  5. For such other and further relief as this honorable court may deem proper

 

Respectfully submitted, 

                             

                                ___________________________________

                                   BARRY ZOLTY

    187 South Hope Chapel Road

    Township of Jackson

    Lot 61, Block 21801

 

CERTIFICATE OF SERVICE

 

I hereby certify that on [ENTER DATE], copies of the foregoing Complaint has been sent to all the Defendants in the following addresses:

[ENTER ADDRESSES FOR DEFENDANTS].

    

   

 

    ___________________________________

                                   BARRY ZOLTY

    187 South Hope Chapel Road

    Township of Jackson

    Lot 61, Block 21801

 

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