Preview
INDEX NO. 807952/2024E
FILED: BRONX COUNTY CLERK 05/15/2024 01:28 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
wane nee neem nnnnnnnneennnne X
M&T BANK, SUMMONS
Plaintiff, Index No.:
against.
Date Filed:
ESWILDA HERNANDEZ; UNITED STATES OF
AMERICA ACTING ON BEHALF OF THE SECRETARY MORTGAGED PREMISES:
OF HOUSING AND URBAN DEVELOPMENT; NEW 196 EMERSON AVE
YORK CITY ENVIRONMENTAL CONTROL BOARD; BRONX, NY 10465
“JOHN DOE #1” through “JOHN DOE #0,” said names
being fictitious and unknown to plaintiff, intended to be VENUE: BRONX County (based
possible tenants or occupants of the premises, or corporations, on the situs of the Mortgaged
persons, or other entities having or claiming a lien upon the Premises)
mortgaged premises,
Defendants.
wenn enna nn nnn nnn nnn nnn nn nen eee eee
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action
and to serve a copy of your answer, or, if the complaint is not served with this summons, to
serve a notice of appearance, on the Plaintiff's attomeys within twenty (20) days after the
service of this summons, exclusive of the day of service (or within thirty (30) days after the
service is complete if this summons is not personally delivered to you within the State of New
York); and in case of your failure to appear or answer, judgment will be taken against
you by
default for the relief demanded in the complaint.
(Remainder of the page intentionally left blank)
Firm File #24-000842-01
1 of 8
AR ON OUN NK DV INDEX NO. 807952/2024E
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY
SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE
MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING
AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT
JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME.
SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE
IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE
SUMMONS AND PROTECT YOUR PROPERTY.
SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT
STOP THIS FORECLOSURE ACTION.
YOU MUST RESPOND BY SERVINGA COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINIIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated: May 13, 2024
New York, New York
GREENSPOON MARDER LLP
Attorneys for Plaintiff
/s/ Raspreet Bhatia
Raspreet Bhatia, Esq.
1345 Avenue of the Americas
Suite 2200
New York, NY 10105
P: (212) 524-5000
F: (212) 524-5050 (No Serviceby fax)
Please respond to Cypress Creek office:
Trade Centre South
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: (888) 491-1120
F: (954) 343-6982
Firm File #24-000842-01
2 of 8
INDEX NO. 807952/2024E
FILED: BRONX COUNTY CLERK 05/15/2024 01:28 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
WE ARE ATTEMPTING TO COLLECT A DEBIT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
TO:
ESWILDA HERNANDEZ
196 EMERSON AVE
BRONX, NY 10465
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT
C/O UNITED STATES ATTORNEY
86 CHAMBERS STREET, 3RD FLOOR
NEW YORK CITY, NY 10007
NEW YORK CITY ENVIRONMENTAL CONTROL BOARD
C/O DEPARTMENT OF FINANCE
66 JOHN STREET, ROOM 104
NEW YORK, NY 10038
“JOHN DOE #1” through “JOHN DOE #10,” said names being fictitious and unknown to
plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons,
or other entities having or claiming a lien upon the mortgaged premises
196 EMERSON AVE
BRONX, NY 10465
Firm File #24-000842-01
3 0f 8
) ON OUN INDEX NO. 807952/2024E
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
OR
https:/Avwww.nycourts.gov/courthe! p/Homes/foreclosures.shtml
Firm File #24-000842-01
4 of 8
) ON OUN INDEX NO. 807952/2024E
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DIAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICION
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACION.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
oO
https: //www.nycourts.gov/courthelp/Homes/foreclosures.shtml
Fim File #24-000842-01
5 of 8
BRON OUN p24 INDEX NO. 807952/2024E
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
NOTICE TO TENANIS OF
BUILDINGS IN FORECLOSURE
New York State law requires that we provide you this notice about the
foreclosure process. Please
read it carefully.
Lender, M&T BANK, located at One Fountain Plaza, Buffalo,NY 14208 can
be reachedat 800-724-1633.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be
entitled to remain in oocupancy for the remainder of your lease term. If you
do not have alease, you will be entitled to remain in your home until ninety
days after any person or entity who acquires title to the property provides
you with a notice as required by section 1305 of the Real Property Actions
and Proceedings Law. The notice shall provide information regarding the
mame and address of the new owner and your rights to remain in your home.
These rights are in addition to any others you may have if you are a
subsidized
tenant under federal, state or local law or if you are a tenant
subject
to rent control, rent stabilization or a federal statutory scheme.
ALL __RENI-STABILIZED TENANTS AND RENI-CONTROLLED
TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS
WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE
RIGHTS ARE UNAFFECTED BY _A__ BUILDING _ ENTERING
FORECLOSURE STATUS. THE TENANTS IN RENI-STABILIZED AND
RENI-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED
THE SAME _ LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN
ONLY OCCUR IN NEW _ YORK STATE PURSUANT TO A COURT
ORDER AND AFTER A FULL HEARING IN COURT.
If you need further information, please call the New York State
Department of Financial Service's toll-free helpline at (800) 342-3736 or
visit the Department's website at www.dfs.ny.qov.
6 of 8
BRON OUN p24 INDEX NO. 807952/2024E
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
Help for Homeowners
in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons
and Complaint
You are in danger of losingyour home. If you fail to respond to the summons
and complaint in this foredosure action, you may lose your home. Please
read the summons and complaint carefully. You should immediately contact
an attomey or your local legal aid office to obtain advice on how to protect
yourself.
Sourcesof Information
and Assistance
The State encourages you to become informed about your options in
foredosure. In addition to seeking assistance from an attormey or legal aid
office, there are government agencies and non-profit organizations that you
may contact for information about possible options, includingtrying to work
with your lender during this process.
To locate an entity near you, you may Call the toll-free helpline maintained by
the New York State Department of Financial Services at 800-342-3736 or visit
the Department's website at www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME.
You have the right to stay in your home during the foreclosure process. You
are not required to leave your home unless and until your property is sold at
auction pursuant to a judgment of foredosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE
REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property
taxes in accordance with state and local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home.
There are individuals who watch for notices of foredosure actions in order to
unfairly profit froma homeowner's distress.
7 of 8
BRON OUN p24 INDEX NO. 807952/2024E
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
You should be extremely carefull about any such promises and any suggestions
that you pay them a fee or sign over your deed. State law requires anyone
offering such services for profit to enter into a contract which fully describes
the services they will perform and fees they will charge, and which prohibits
them from taking any money from you until they have completed all such
promised services.
8 of 8
Preview
INDEX NO. 807952/2024E FILED: BRONX COUNTY CLERK 05/15/2024 01:28 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX wane nee neem nnnnnnnneennnne X M&T BANK, SUMMONS Plaintiff, Index No.: against. Date Filed: ESWILDA HERNANDEZ; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY MORTGAGED PREMISES: OF HOUSING AND URBAN DEVELOPMENT; NEW 196 EMERSON AVE YORK CITY ENVIRONMENTAL CONTROL BOARD; BRONX, NY 10465 “JOHN DOE #1” through “JOHN DOE #0,” said names being fictitious and unknown to plaintiff, intended to be VENUE: BRONX County (based possible tenants or occupants of the premises, or corporations, on the situs of the Mortgaged persons, or other entities having or claiming a lien upon the Premises) mortgaged premises, Defendants. wenn enna nn nnn nnn nnn nnn nn nen eee eee TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attomeys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. (Remainder of the page intentionally left blank) Firm File #24-000842-01 1 of 8 AR ON OUN NK DV INDEX NO. 807952/2024E NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME. SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY. SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLOSURE ACTION. YOU MUST RESPOND BY SERVINGA COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINIIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: May 13, 2024 New York, New York GREENSPOON MARDER LLP Attorneys for Plaintiff /s/ Raspreet Bhatia Raspreet Bhatia, Esq. 1345 Avenue of the Americas Suite 2200 New York, NY 10105 P: (212) 524-5000 F: (212) 524-5050 (No Serviceby fax) Please respond to Cypress Creek office: Trade Centre South 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: (888) 491-1120 F: (954) 343-6982 Firm File #24-000842-01 2 of 8 INDEX NO. 807952/2024E FILED: BRONX COUNTY CLERK 05/15/2024 01:28 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 WE ARE ATTEMPTING TO COLLECT A DEBIT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO: ESWILDA HERNANDEZ 196 EMERSON AVE BRONX, NY 10465 UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O UNITED STATES ATTORNEY 86 CHAMBERS STREET, 3RD FLOOR NEW YORK CITY, NY 10007 NEW YORK CITY ENVIRONMENTAL CONTROL BOARD C/O DEPARTMENT OF FINANCE 66 JOHN STREET, ROOM 104 NEW YORK, NY 10038 “JOHN DOE #1” through “JOHN DOE #10,” said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises 196 EMERSON AVE BRONX, NY 10465 Firm File #24-000842-01 3 0f 8 ) ON OUN INDEX NO. 807952/2024E NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml OR https:/Avwww.nycourts.gov/courthe! p/Homes/foreclosures.shtml Firm File #24-000842-01 4 of 8 ) ON OUN INDEX NO. 807952/2024E NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DIAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETICION POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACION. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml oO https: //www.nycourts.gov/courthelp/Homes/foreclosures.shtml Fim File #24-000842-01 5 of 8 BRON OUN p24 INDEX NO. 807952/2024E NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 NOTICE TO TENANIS OF BUILDINGS IN FORECLOSURE New York State law requires that we provide you this notice about the foreclosure process. Please read it carefully. Lender, M&T BANK, located at One Fountain Plaza, Buffalo,NY 14208 can be reachedat 800-724-1633. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in oocupancy for the remainder of your lease term. If you do not have alease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the mame and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL __RENI-STABILIZED TENANTS AND RENI-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY _A__ BUILDING _ ENTERING FORECLOSURE STATUS. THE TENANTS IN RENI-STABILIZED AND RENI-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME _ LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW _ YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Service's toll-free helpline at (800) 342-3736 or visit the Department's website at www.dfs.ny.qov. 6 of 8 BRON OUN p24 INDEX NO. 807952/2024E NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losingyour home. If you fail to respond to the summons and complaint in this foredosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attomey or your local legal aid office to obtain advice on how to protect yourself. Sourcesof Information and Assistance The State encourages you to become informed about your options in foredosure. In addition to seeking assistance from an attormey or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, includingtrying to work with your lender during this process. To locate an entity near you, you may Call the toll-free helpline maintained by the New York State Department of Financial Services at 800-342-3736 or visit the Department's website at www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foredosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foredosure actions in order to unfairly profit froma homeowner's distress. 7 of 8 BRON OUN p24 INDEX NO. 807952/2024E NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 05/15/2024 You should be extremely carefull about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. 8 of 8