On May 30, 2024 a
EXHIBIT(S) - D - A/O 431/11
was filed
involving a dispute between
Bernice Walter,
Oscar Walter,
and
Fremont Investment & Loan,
Jaime D. Ezratty, Esq,
Nationstar Mortgage Llc
D B A Mr. Cooper,
Wells Fargo Bank, N.A., As Trustee For Securitized Asset-Backed Receivables Llc 2005-Fr5 Mortgage Pass Through Certificates, Series 2005-Fr5
John Doe,
for Real Property - Other (Wrongful Foreclosure)
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024
FORMA
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF
Plaintiff,
AFFIRMATION
v.
Index No.:
Defendant(s)
Mortgaged Premises:
N.B.r During sad After Angest 2010, numereas and widespread insa icieneGes
inforselesan f Mbegshe seriene eeare arenad Benadea were re persed by m fer
mer qge leaders and ether ea&erhier, incinding feMan so restew decamese
andjnes e assabHsh sesadhug and e6erfereciesareregaimites;jiRag ef aesarised
apidaelis which feime( y anest to such review and to eDer crideal face in Be
"rehes(gasarre"
foreeterare precars; end of decamens.
* * e
[ 1, Esq., pursuant to CPLR§2106 and under the penalties of perjury,
affirms as follows:
1. I aman attorney at law duly licensed to practice in the state of New York and am
affiliated with the law Firm of , the attorneys of record for
Plaintiff in the above-captioned mortgage foreclosure action. As such, I amfully
aware of the underlying action, as well as the proceedings had herein.
2. On[datel, I communicated with the following representative or representatives of
of Plaintiff, who informed methat
he/she/they (a) personally reviewed plaintiff's
documents and records relatingcase for factual accuracy; and (b)
to this
confirmed the factual accuracy of the allegations set forth in the Complaint and
any supporting affidavits or affirmations filed with the Court, as well as the
accuracy of the notarizations contained in the supporting documents filed
therewith.
Name Title
FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024
3. Based upon my communication with fperson/s specified in 121, as well as upon
my own inspection and other reasonable inquiry under the circumstances, I affirm
that, to the best of my knowledge, information, and belief, the Summons,
Complaint, and other papers filed or submitted to the Court in this matter contain
nofalse statements of fact or law. I understand my continuing obligation to
amendthis Affirmation in light of newly discovered material facts following its
aling.
4. I amaware of my obligations under NewYork Rules of Professional Conduct (22
NYCRR
Part 1200) and 22 NYCRR
Part 130.
DATED:
N.B.4 Counsel may eagment this firmedea e preside awplaneury deens,
and mayfle supplemental qQErmedenser epideshefor the same perpese.
[Revised 11/18/10]
FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024
FORMB
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF
Plaintiff,
AFFIDAVIT
V.
Index No.:
Defendant(s)
Mortgaged Premises:
STATEOFNEWYORK)
) ss:
COUNTY
OF )
, being duly sworn, deposes and says:
1. I ama , a representative of plaintiff in the above-captioned
mortgage foreclosure action. I amauthorized to execute this affidavit and amfully aware of the
underlying action, as well as the papers and proceedings heretofore had herein.
2. This Affidavit is made in further support of plaintiffs counsel's affirmation pursuant to
the October 2010 Administrative Order of the Chief Administrative Judge of the Courts of New
York, as supplemented.
3. I have performed the following actions the truth and veracity of the
in order to confirm
statements madeherein. This review is based upon my access to the books and records relating
to this loan which are kept in the ordinary course of business.
Initial all that are applicable:
A___ Confirmed the notice of default, if required, wasproperly mailed prior to
commencementof foreclosure.
of
B_
the
Reviewed the summonsand complaint in this action to confirm the factual
of the proper plaintiff, the defaults and the amounts claimed to be due to
accuracy identity
plaintiff as set forth therein.
C___ Confirmed the affidavit(s) executed and submitted by plaintiff together with this
FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024
application have been personally reviewed by the signatory; that the notary acknowledging the
affiant's signature followed applicable law in notarizing the affiant's signature.
D_ am I unable to confinn
with the Court have been properly
or deny that the underlying
reviewed or notarized.
documents previously filed
E_Inasmuch as the underlying mortgage loan has been transferred prior to
commencement
or during the pendency of this action, I amunable to confirm or deny that the
underlying documents filed with the Court have been properly reviewed or notarized by the prior
servicer.
F (other)
N.B.: Affeats mayaugment Bis 0idewit b preside emplanatory am½and
any file suppleaseasel q§Ermaeions er q§§darks for de sense purpose.
2
FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024
WHEREFORE,
it is respectfully requested that the Court grant the proposed relief
requested herein together with such other relief as the Court deems just and proper
(AfHant)
STATEOF ) SS:
COUNTYOF )
Onthe day of in the year before me, the undersigned,
personally appeared , known to me
personally
or proved to meon the basis of satisfactory evidence to be the individual(s) whosename(s)
is(are) subscribed to the within instrument and acknowledged to methat
he/she/they executed the
same in his/her/their capacity(ies), that
by his/her/their
signature(s) on the
instrument, the
individual(s), or the personal upon behalf of which the individual(s) acted, executed the
instrument, and that such individual made such appearance before the undersigned in the .
Notary Public
3
FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024
Document Filed Date
May 30, 2024
Case Filing Date
May 30, 2024
Category
Real Property - Other (Wrongful Foreclosure)
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FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024 FORMA SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF Plaintiff, AFFIRMATION v. Index No.: Defendant(s) Mortgaged Premises: N.B.r During sad After Angest 2010, numereas and widespread insa icieneGes inforselesan f Mbegshe seriene eeare arenad Benadea were re persed by m fer mer qge leaders and ether ea&erhier, incinding feMan so restew decamese andjnes e assabHsh sesadhug and e6erfereciesareregaimites;jiRag ef aesarised apidaelis which feime( y anest to such review and to eDer crideal face in Be "rehes(gasarre" foreeterare precars; end of decamens. * * e [ 1, Esq., pursuant to CPLR§2106 and under the penalties of perjury, affirms as follows: 1. I aman attorney at law duly licensed to practice in the state of New York and am affiliated with the law Firm of , the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I amfully aware of the underlying action, as well as the proceedings had herein. 2. On[datel, I communicated with the following representative or representatives of of Plaintiff, who informed methat he/she/they (a) personally reviewed plaintiff's documents and records relatingcase for factual accuracy; and (b) to this confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith. Name Title FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024 3. Based upon my communication with fperson/s specified in 121, as well as upon my own inspection and other reasonable inquiry under the circumstances, I affirm that, to the best of my knowledge, information, and belief, the Summons, Complaint, and other papers filed or submitted to the Court in this matter contain nofalse statements of fact or law. I understand my continuing obligation to amendthis Affirmation in light of newly discovered material facts following its aling. 4. I amaware of my obligations under NewYork Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. DATED: N.B.4 Counsel may eagment this firmedea e preside awplaneury deens, and mayfle supplemental qQErmedenser epideshefor the same perpese. [Revised 11/18/10] FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024 FORMB SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF Plaintiff, AFFIDAVIT V. Index No.: Defendant(s) Mortgaged Premises: STATEOFNEWYORK) ) ss: COUNTY OF ) , being duly sworn, deposes and says: 1. I ama , a representative of plaintiff in the above-captioned mortgage foreclosure action. I amauthorized to execute this affidavit and amfully aware of the underlying action, as well as the papers and proceedings heretofore had herein. 2. This Affidavit is made in further support of plaintiffs counsel's affirmation pursuant to the October 2010 Administrative Order of the Chief Administrative Judge of the Courts of New York, as supplemented. 3. I have performed the following actions the truth and veracity of the in order to confirm statements madeherein. This review is based upon my access to the books and records relating to this loan which are kept in the ordinary course of business. Initial all that are applicable: A___ Confirmed the notice of default, if required, wasproperly mailed prior to commencementof foreclosure. of B_ the Reviewed the summonsand complaint in this action to confirm the factual of the proper plaintiff, the defaults and the amounts claimed to be due to accuracy identity plaintiff as set forth therein. C___ Confirmed the affidavit(s) executed and submitted by plaintiff together with this FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024 application have been personally reviewed by the signatory; that the notary acknowledging the affiant's signature followed applicable law in notarizing the affiant's signature. D_ am I unable to confinn with the Court have been properly or deny that the underlying reviewed or notarized. documents previously filed E_Inasmuch as the underlying mortgage loan has been transferred prior to commencement or during the pendency of this action, I amunable to confirm or deny that the underlying documents filed with the Court have been properly reviewed or notarized by the prior servicer. F (other) N.B.: Affeats mayaugment Bis 0idewit b preside emplanatory am½and any file suppleaseasel q§Ermaeions er q§§darks for de sense purpose. 2 FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024 WHEREFORE, it is respectfully requested that the Court grant the proposed relief requested herein together with such other relief as the Court deems just and proper (AfHant) STATEOF ) SS: COUNTYOF ) Onthe day of in the year before me, the undersigned, personally appeared , known to me personally or proved to meon the basis of satisfactory evidence to be the individual(s) whosename(s) is(are) subscribed to the within instrument and acknowledged to methat he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the personal upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the . Notary Public 3 FILED: NASSAU COUNTY CLERK 05/30/2024 12:36 PM INDEX NO. 609385/2024 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/30/2024