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Hsbc Bank Usa, N.A. v. Mark Barnhart, Genesee Valley Rural Preservation Council, Inc., Secretary Of Housing And Urban Development, Midland Funding Llc A/P/O Ge Capital Retail Bank, John Doe And Jane Doe Said Names Being Fictitious, It Being The Inte…
A Foreclosure (Residential Mortgage) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Livingston County, NY. Judge Robert B Wiggins presiding.
Case Details
Case Number
Filing Date
July 10, 2015
Last Refreshed
September 29, 2023
Filing Location
Livingston County, NY
Judge
Category
Foreclosure (residential mortgage)
Practice Area
Property
Matter Type
Foreclosure
Status
Judgment of Foreclosure
Case Duration
2 years and 22 days
Parties
Plaintiffs
Hsbc Bank Usa, N.A.
Attorneys for Plaintiffs
Broyles, Mark K.
Case, David P
Defendants
Alicia Barnhart
Casara Barnhart
Genesee Valley Rural Preservation Council, Inc.
John Doe And Jane Doe Said Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein
Mark Barnhart
Midland Funding Llc A P O Ge Capital Retail Bank
Secretary Of Housing And Urban Development
Attorneys for Defendants
Fleming, Mary Enright
Mitchell, Gail Y.
Case Documents
CANCELLATION OF NOTICE OF PENDENCY / LIS PENDENS
Date: May 22, 2018
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 04)
Date: May 21, 2018
NOTICE OF ENTRY (Motion 04)
Date: May 21, 2018
ORDER - VACATING JUDGMENT
Date: Apr 24, 2018
AFFIDAVIT
Date: Mar 20, 2018
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Mar 20, 2018
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion 04)
Date: Mar 15, 2018
NOTICE OF MOTION (Motion 04)
Date: Mar 15, 2018
EXHIBIT(S) - B (Motion 04)
Date: Mar 15, 2018
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 04)
Date: Mar 15, 2018
EXHIBIT(S) - A (Motion 04)
Date: Mar 15, 2018
CERTIFICATION OF SIGNATURE ( ATTORNEY OR PARTY ) (Motion 04)
Date: Mar 15, 2018
NOTICE OF ENTRY
Date: Sep 06, 2017
JUDGMENT OF FORECLOSURE AND SALE
Date: Jul 31, 2017
NOTICE OF CHANGE OF ATTORNEY (POST RJI)
Date: Jul 21, 2017
AFFIDAVIT (Motion 03)
Date: Jul 18, 2017
OATH (Motion 02)
Date: Jul 17, 2017
JUDGMENT -TO COURT (PROPOSED) (Motion 03)
Date: Jul 12, 2017
NOTICE OF MOTION (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - B (Motion 03)
Date: Jul 12, 2017
AFFIRMATION / AFFIDAVIT OF REGULARITY (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - M (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - A (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - K (Motion 03)
Date: Jul 12, 2017
REFEREE REPORT OF AMOUNT DUE (Motion 03)
Date: Jul 12, 2017
AFFIDAVIT (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - L (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - I (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - E (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - H (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - N (Motion 03)
Date: Jul 12, 2017
AFFIRMATION (Motion 03)
Date: Jul 12, 2017
AFFIRMATION (Motion 03)
Date: Jul 12, 2017
AFFIRMATION (Motion 03)
Date: Jul 12, 2017
OATH (Motion 03)
Date: Jul 12, 2017
BILL OF COSTS (Motion 03)
Date: Jul 12, 2017
AFFIRMATION OF ATTORNEY FEES (Motion 03)
Date: Jul 12, 2017
APPENDIX (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - F (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - C (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - D (Motion 03)
Date: Jul 12, 2017
EXHIBIT(S) - G (Motion 03)
Date: Jul 12, 2017
ORDER - APPOINTING REFEREE
Date: Jun 05, 2017
ORDER ( PROPOSED ) (Motion 02)
Date: May 15, 2017
NOTICE OF MOTION (Motion 02)
Date: May 15, 2017
APPENDIX (Motion 02)
Date: May 15, 2017
EXHIBIT(S) - A (Motion 02)
Date: May 15, 2017
AFFIRMATION (Motion 02)
Date: May 15, 2017
CERTIFICATION OF SIGNATURE ( ATTORNEY OR PARTY ) (Motion 02)
Date: May 15, 2017
NOTICE OF ENTRY
Date: Feb 01, 2016
ORDER - REFERENCE
Date: Dec 14, 2015
EXPARTE ORDER (PROPOSED)
Date: Dec 01, 2015
ORDER - RESIDENTIAL FORECLOSURE
Date: Sep 21, 2015
NOTICE OF APPEARANCE (PRE RJI)
Date: Sep 01, 2015
ORDER - RESIDENTIAL FORECLOSURE
Date: Aug 13, 2015
RJI -RE: RESIDENTIAL MORTGAGE FORECLOSURE SETTLEMENT CONFERENCE
Date: Jul 23, 2015
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 23, 2015
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 14, 2015
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Jul 14, 2015
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Jul 10, 2015
NOTICE OF PENDENCY
Date: Jul 10, 2015
CERTIFICATE OF MERIT
Date: Jul 10, 2015
SUMMONS COMPLAINT
Date: Jul 10, 2015Case Events
| Date | Type | Description | |
|---|---|---|---|
| May 22, 2018 | CANCELLATION OF NOTICE OF PENDENCY / LIS PENDENS | ||
| May 21, 2018 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #04) AFFIDAVIT OF MAILING |
||
| May 21, 2018 |
NOTICE OF ENTRY (Motion #04) NOTICE OF ENTRY |
||
| April 24, 2018 | ORDER - VACATING JUDGMENT | ||
| April 23, 2018 | hearing |
Decided (Motion #004) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| April 23, 2018 | hearing |
(Motion #004) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| April 23, 2018 | hearing |
Held Wiggins (Hearing) Judge: Wiggins, Hon. Robert B. |
|
| April 23, 2018 | hearing |
Wiggins (Court Activity)
Judge: Wiggins, Hon. Robert B. |
|
| March 20, 2018 |
AFFIDAVIT PLANTIFF TO NOTIFY |
||
| March 20, 2018 |
AFFIRMATION/AFFIDAVIT OF SERVICE AFFIDAVIT OF MAILING |
||
| March 15, 2018 |
ORDER ( PROPOSED ) (Motion #04) ORDER TO VACATE JUDGMENT OF FORECLOSURE AND SALE DISCONTINUING THE ACTION WITH PREJUDICE AND CANCELL ORDER TO VACATE JUDGMENT OF FORECLOSURE AND SALE DISCONTINUING THE ACTION WITH PREJUDICE AND CANCELL ... show more |
||
| March 15, 2018 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #04) AFFIRMATION IN SUPPORT OF ORDER TO VACATE |
||
| March 15, 2018 |
NOTICE OF MOTION (Motion #04) NOTICE OF MOTION |
||
| March 15, 2018 |
EXHIBIT(S) - B (Motion #04) JUDGMENT OF FORECLOSURE AND SALE |
||
| March 15, 2018 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #04) AFFIDAVIT OF MAILING |
||
| March 15, 2018 |
EXHIBIT(S) - A (Motion #04) NOTICE OF PENDENCY |
||
| March 15, 2018 |
CERTIFICATION OF SIGNATURE ( ATTORNEY OR PARTY ) (Motion #04) CERTIFICATE OF SIGNATURE |
||
| March 15, 2018 | Motion |
(Motion #004) Decided: 04/23/2018Decided Before Justice: Wiggins, Hon. Robert B. Answer demanded: No Judge: Wiggins, Hon. Robert B. |
|
| March 15, 2018 | hearing |
Fully Submitted (Motion #004) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| March 15, 2018 | hearing |
Fully Submitted Wiggins (Court Activity) Judge: Wiggins, Hon. Robert B. |
|
| September 06, 2017 | NOTICE OF ENTRY | ||
| July 31, 2017 | JUDGMENT OF FORECLOSURE AND SALE | ||
| July 31, 2017 | hearing |
Decided (Motion #003) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| July 31, 2017 | hearing |
(Motion #003) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| July 31, 2017 | hearing |
Held Wiggins (Hearing) Judge: Wiggins, Hon. Robert B. |
|
| July 31, 2017 | hearing |
Decided Wiggins (Court Activity) Judge: Wiggins, Hon. Robert B. |
|
| July 21, 2017 | NOTICE OF CHANGE OF ATTORNEY (POST RJI) | ||
| July 18, 2017 |
AFFIDAVIT (Motion #03) COVER LETTER, AFFIDAVIT OF MAILING, APPEARANCE LETTER |
||
| July 17, 2017 |
OATH (Motion #02) Referee's Oath and Report of Amount Due, Affidavit of Amount Due |
||
| July 12, 2017 |
JUDGMENT -TO COURT (PROPOSED) (Motion #03) PROPOSED JFS |
||
| July 12, 2017 |
NOTICE OF MOTION (Motion #03) NOM AND AFF OF MAIL |
||
| July 12, 2017 |
EXHIBIT(S) - B (Motion #03) Mortgage |
||
| July 12, 2017 |
AFFIRMATION / AFFIDAVIT OF REGULARITY (Motion #03) AFFIRMATION OF REGULARITY |
||
| July 12, 2017 |
EXHIBIT(S) - M (Motion #03) Payment History |
||
| July 12, 2017 |
EXHIBIT(S) - A (Motion #03) NOTE |
||
| July 12, 2017 |
EXHIBIT(S) - K (Motion #03) Notice of Pendency, Summons and Complaint |
||
| July 12, 2017 |
REFEREE REPORT OF AMOUNT DUE (Motion #03) REFEREE'S ERPORT OF AMOUNT DUE |
||
| July 12, 2017 |
AFFIDAVIT (Motion #03) AFFIDAVIT OF MERIT AND AMOUNT DUE |
||
| July 12, 2017 |
EXHIBIT(S) - L (Motion #03) Affidavits of Service, CPLR 3215(g) Affidavit of Mailing |
||
| July 12, 2017 |
EXHIBIT(S) - I (Motion #03) Attorney Affirmation pursuant to CPLR 2106 |
||
| July 12, 2017 |
EXHIBIT(S) - E (Motion #03) 90 Day Pre-foreclosure Notice |
||
| July 12, 2017 |
EXHIBIT(S) - H (Motion #03) Certificate of Merit pursuant to CPLR 3012-b |
||
| July 12, 2017 |
EXHIBIT(S) - N (Motion #03) DOD/SCRA Search and Affirmation of Non-Military Service |
||
| July 12, 2017 |
AFFIRMATION (Motion #03) ATTORNEY CHECKLIST |
||
| July 12, 2017 |
AFFIRMATION (Motion #03) ATTORNEY AFFIRMATION FOR BILL OF COSTS |
||
| July 12, 2017 |
AFFIRMATION (Motion #03) ATTORNEY AFFIRMATION |
||
| July 12, 2017 |
OATH (Motion #03) REFEREE'S OATH |
||
| July 12, 2017 |
BILL OF COSTS (Motion #03) BILL OF COSTS |
||
| July 12, 2017 |
AFFIRMATION OF ATTORNEY FEES (Motion #03) ATTORNEY AFFIRMATION FOR ATTORNEY FEES |
||
| July 12, 2017 |
APPENDIX (Motion #03) TABLE OF CONTENTS |
||
| July 12, 2017 |
EXHIBIT(S) - J (Motion #03) Notice of Entry, Order of Reference in Mortgage Foreclosure (including RJI, Affirmation of No Answer Notice of Entry, Order of Reference in Mortgage Foreclosure (including RJI, Affirmation of No Answer ... show more |
||
| July 12, 2017 |
EXHIBIT(S) - F (Motion #03) 30 Day Demand Letter and Notice of Default |
||
| July 12, 2017 |
EXHIBIT(S) - C (Motion #03) Loan Modification Agreement |
||
| July 12, 2017 |
EXHIBIT(S) - D (Motion #03) Assignment of Mortgage |
||
| July 12, 2017 |
EXHIBIT(S) - G (Motion #03) Business Records |
||
| July 12, 2017 | Motion |
(Motion #003) Decided: 07/31/2017Decided Before Justice: Wiggins, Hon. Robert B. Answer demanded: No Judge: Wiggins, Hon. Robert B. |
|
| July 12, 2017 | hearing |
Fully Submitted (Motion #003) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| June 05, 2017 |
ORDER - APPOINTING REFEREE ORDER TO SUBSTITUTE REFEREE |
||
| June 05, 2017 | hearing |
Decided (Motion #002) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| June 05, 2017 | hearing |
(Motion #002) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| June 05, 2017 | hearing |
Held Wiggins (Hearing) Judge: Wiggins, Hon. Robert B. |
|
| May 15, 2017 |
ORDER ( PROPOSED ) (Motion #02) PROPOSED ORDER TO SUBSTITUTE REFEREE |
||
| May 15, 2017 |
NOTICE OF MOTION (Motion #02) NOTICE OF MOTION TO SUBSTITUTE REFEREE |
||
| May 15, 2017 |
APPENDIX (Motion #02) TABLE OF CONTENTS |
||
| May 15, 2017 |
EXHIBIT(S) - A (Motion #02) ORIGINALLY GRANTED ORDER OF REFERENCE |
||
| May 15, 2017 |
AFFIRMATION (Motion #02) AFFIRMATION IN SUPPORT |
||
| May 15, 2017 |
CERTIFICATION OF SIGNATURE ( ATTORNEY OR PARTY ) (Motion #02) ATTY CERTIFICATION |
||
| May 15, 2017 | Motion |
(Motion #002) Decided: 06/05/2017Decided Before Justice: Wiggins, Hon. Robert B. Answer demanded: No Judge: Wiggins, Hon. Robert B. |
|
| May 15, 2017 | hearing |
Fully Submitted (Motion #002) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| February 01, 2016 | NOTICE OF ENTRY | ||
| December 14, 2015 |
ORDER - REFERENCE Signed Order of Reference |
||
| December 03, 2015 | Motion |
(Motion #001) Decided: 12/03/2015Decided Before Justice: Wiggins, Hon. Robert B. Answer demanded: No Judge: Wiggins, Hon. Robert B. |
|
| December 03, 2015 | hearing |
Decided (Motion #001) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| December 03, 2015 | hearing |
Fully Submitted (Motion #001) Wiggins (Motion Part) Judge: Wiggins, Hon. Robert B. |
|
| December 01, 2015 |
EXPARTE ORDER (PROPOSED) Order of Reference in Mortgage Foreclosure and Supporting documents |
||
| September 21, 2015 |
ORDER - RESIDENTIAL FORECLOSURE Residential Foreclosure Conference Order |
||
| September 21, 2015 | hearing |
Held Wiggins (Hearing) Judge: Wiggins, Hon. Robert B. |
|
| September 21, 2015 | hearing |
Default Wiggins (Settlement Conference) Judge: Wiggins, Hon. Robert B. |
|
| September 01, 2015 | NOTICE OF APPEARANCE (PRE RJI) | ||
| August 13, 2015 |
ORDER - RESIDENTIAL FORECLOSURE Residential Foreclosure Conference Order and Letter |
||
| July 23, 2015 | RJI -RE: RESIDENTIAL MORTGAGE FORECLOSURE SETTLEMENT CONFERENCE | ||
| July 23, 2015 | AFFIRMATION/AFFIDAVIT OF SERVICE | ||
| July 14, 2015 | AFFIRMATION/AFFIDAVIT OF SERVICE | ||
| July 14, 2015 | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | ||
| July 10, 2015 | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | ||
| July 10, 2015 | NOTICE OF PENDENCY | ||
| July 10, 2015 | CERTIFICATE OF MERIT | ||
| July 10, 2015 | SUMMONS + COMPLAINT |
