Fill and Sign the Discharge Mortgage Form

JOHN LAWYER, ESQ. 12 MAIN STREET ANYWHERE, USA Attorneys for Jane Doe _______________________________ IN THE MATTER OF CANCELLATION AND DISCHARGE OF JUDGMENT NUMBER [insert] ON BEHALF OF JANE DOE _______________________________ SUPERIOR COURT OF NEW JERSEY LAW DIVISION: [insert] COUNTY DOCKET NO.: CIVIL ACTION VERIFIED COMPLAINT Jane Doe having maintained her principal residence at [insert] in the [insert] of [insert], [insert], by way of complaint herein says: She was a resident of the State of [insert] and has resided in [insert] County for [insert] years prior to the commencement of this action. This is an action brought pursuant to N.J.S.A. 2A:16-49.1. On or about [insert] Jane Doe filed for relief under the United States Bankruptcy Code, Chapter [insert]. Said petition was assigned Case Number [insert]. On or about [insert] Jane Doe was granted a discharge of all debts recited on her bankruptcy petition in her Chapter [insert] case. Appended hereto as Exhibit 1 is a true copy of the bankruptcy petition filed by Jane Doe. Appended hereto as Exhibit 2 is a true copy of the order of discharge relating to debtor, Jane Doe. Previously, on or about [insert], a creditor known as ABC Fidelity Bank had a judgment entered against Jane Doe in the amount of $[insert] plus costs of $[insert]. The docket number arising under that action was [insert] and ultimately, the judgment entered was assigned number [insert]. In or about [insert] Jane Doe sold residential real estate she owned which was located at [insert] in the [insert] of [insert]. At or about the time of closing it was brought to the attention of Jane Doe that the foregoing judgment on behalf of ABC Fidelity Bank was still a matter of record. A true copy of a selected portion of Jane Doe = s judgment search is appended thereto as Exhibit 3. The judgment obtained by ABC Fidelity was included within the schedules appended to Jane Doe = s bankruptcy petition. Pursuant to N.J.S.A. 2A:16-49.1, more than [insert] year has elapsed since Jane Doe, as a bankruptcy was discharged from her debts. In this action Jane Doe is seeking a judgment cancelling a discharging of record the judgment held by ABC Fidelity Bank as that judgment was discharged in bankruptcy, and more particularly, through the [insert], discharge entered as of record by the United States Bankruptcy Court and therefore, an order should be made removing and directing that said judgment be cancelled and discharged as of record. Pursuant to the bankruptcy petition filed by Jane Doe, at the time of her petition she did not own any real estate. There is no legal basis to maintain the judgment of record in favor of ABC Fidelity Bank as it was discharged in bankruptcy. WHEREFORE, Jane Doe hereby demands judgment . Discharging and cancelling judgment number [insert] as a matter of record and ordering the Clerk of Superior Court to discharge same; and b. Awarding any other relief which this Court deems is just and necessary in this matter. Dated: _________________________________ JOHN LAWYER, ESQ. DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, John Lawyer, Esq., is hereby designated as trial counsel in the within matter. CERTIFICATION Pursuant to Rule 4:5-1, I hereby certify that the matter in controversy is not the subject of any other action pending in any court or a pending arbitration proceeding; and further that no other action or arbitration proceeding is contemplated; and further that re are no other parties who should be joined in this action. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the above statements are willfully false, I am subject to punishment. ________________________________ Dated: JOHN LAWYER, ESQ. VERIFICATION STATE OF NEW JERSEY : ss.: COUNTY OF MONMOUTH : Jane Doe, of full age, being duly sworn, according to law, upon his oath deposes and says: 1. I am the movant/applicant in the foregoing Complaint. 2. I hereby certify that the allegations contained in the foregoing Complaint are true to the best of my knowledge and belief. I am aware that if any statements made by me are willfully false, I am subject to punishment. _________________________________ Jane Doe Sworn and subscribed to before me this _______ day of ____________, _______. ___________________________ JOHN LAWYER Attorney At Law In The State Of [insert]