Preview
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM INDEX NO. 000934-2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182' ~
(585) 243-7010 Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
JACLYN ANN WEBER-CANTRELL JACLYN ANN WEBER-CANTRELL
Document Type: CIVIL ACTION - MISC Document Desc: EXHIBIT(S)
Plaintiff Defendant
DEUTSCHE BANK NATIONAL TRUST SEE DOCUMENT
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY ABS CAPITAL I INC. TRUST 2003-
NC8
Recorded Information:
State of New York
Index #: 000934-2017
County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet cc±M&: the Clerk's ende e~eM equit¤d by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not Detach
Index
INDEX #
NO.: 000934-2017
000934-2017
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
EXHIBlT F
Index #:UUUU34-ZUl /
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM INDEX NO. 000934-2017
NYSCEF DOC. NO. 43 . .
RECEIVED NYSCEF: 03/12/2020
AFFIDAVIT OF SERVICE
STATE OF NEW YORK)
) as.:
COUNTY OF WESTCHESTER)
Joseph Milanese, being duly sworn, deposes and says:
Deponent is over 18 years of age and is an employee of Leopold &
Associates, PLLC.
That on August 29, 2017 deponent served a copy of the
annexed 90-Day Demand Letter with contact information for at least 5
local housing counseling agencies pursuant to RPAPL 1304 by both
first class mail and certified mail by depositing true copies of same
enclosed in postpaid properly addressed wrappers, in an official
depository under the exclusive care and custody of the United States
Post Office within the State of New York to the following parties:
TO:
Donald Zielinski, Laura Zielinski
6156 E Lake Rd
Conesus, NY 14435
JQ'
eph Milanese
STATE OF NEW YORK
COUNTY OF WESTCHESTER, ss:
On the 29th day of August, in the year 2017, before me
the undersigned, personally appeared Joseph Milanese personally known
to me or proved to me on the basis of satisfactory evidence, to be
the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual or the person
upon behalf of which the individual acted, executed the instrument.
Notary Publ :
PHILlPDEGASPERIS
Notary Public, State of New York
No. 01DE6303519
Qualified in Westchester
County
Commission Expires May 12,2018
THISISANATTEMPTTOCOLLECTADEBT.ANYINFORMATION
OBTAINEDBYTHISOFFICEWILLBEUSEDFORTHATPURPOSE.
indexs:UUUU34-zu
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM INDEX NO. 000934-2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
LEOPOLD & ASSOCIATES, PLLC
. .............. .. . .
... .. ...........
80 Business Park Drive, Suite 110
Armonk, NY 10504-1705
Phone: 914-219-5787
Fax: 914-219-5522
August 29, 2017
VIA FIRST CLASS
VIA CERTIFIED MAIL (RETURN RECEIPT REQUESTED)
Donald Zielinski, Laura Zielinski
6156 E Lake Rd
Conesus, NY 14435
Certified Mail Number: 7016 2070 0000 5455 3548
Re: Donald Zielinski and Laura Zielinski
: 6156 E Lake Rd, Conesus, NY 14435
Loan
Dear Donald Zielinski and Laura Zielinski:
Please be advised that this office has been retained by Ocwen Loan Servicing, LLC, servicing agent for
the Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust
2003-NC8 to com-mence appropriate legal proceedings to foreclose the mortgage itholds on your home
at 6156 E Lake Rd, Conesus, NY 14435.
YOU MAY BE AT RISK OF FORECLOSURE. PLEASE READ THE
FOLLOWING NOTICE CAREFULLY.
AS OF August 2 9, 2017 , YOUR HOME LOAN IS 455 DAYS AND
$62,950.42 DOLLARS IN DEFAULT. UNDER NEW YORK STATE LAW, WE
ARE REQUIRED TO SEND YOU THIS NOTICE TO INFORM YOU THAT YOU
ARE AT RISK OF LOSING YOUR HOME. ATTACHED TO THIS NOTICE IS
A LIST OF GOVERNMENT APPROVED HOUSING COUNSELING AGENCIES
IN YOUR AREA WHICH PROVIDE FREE COUNSELING. YOU CAN ALSO
THISISANATTEMPTTOCOLLECTADEBT.ANYINFORMATION
OBTAINEDBYTHISOFFICEWILLBEUSEDFORTHATPURPOSE.
Index #: 000934-2017
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM INDEX NO. 000934-2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
CALL THE NYS OFFICE OF THE ATTORNEY GENERAL'S HOMEOWNER
PROTECTION PROGRAM (HOPP) TOLL-FREE CONSUMER HOTLINE TO BE
CONNECTED TO FREE HOUSING COUNSELING SERVICES IN YOUR AREA
AT 1-855-HOME-456 (1-855-466-3456), OR VISIT THEIR WEBSITE
AT http://www.aghomehelp.com/. A STATEWIDE LISTING BY COUNTY IS
ALSO AVAILABLE AT
http;//www.dfs.ny.gov/consumer/mortq nys np counseling agencies.htm.
QUALIFIED FREE HELP IS AVAILABLE; WATCH OUT FOR COMPANIES
OR PEOPLE WHO CHARGE A FEE FOR THESE SERVICES.
HOUSING COUNSELORS FROM NEW YORK-BASED AGENCIES LISTED ON
THE WEBSITE ABOVE ARE TRAINED TO HELP HOMEOWNERS WHO ARE
HAVING PROBLEMS MAKING THEIR MORTGAGE PAYMENTS AND CAN HELP
YOU FIND THE BEST OPTION FOR YOUR SITUATION. IF YOU WISH,
YOU MAY ALSO CONTACT THE LOAN SERVICER DIRECTLY AT 1-877-
596-8580 AND ASK TO DISCUSS POSSIBLE OPTIONS.
WHILE WE CANNOT ASSURE THAT A MUTUALLY AGREEABLE RESOLUTION
IS POSSIBLE, WE ENCOURAGE YOU TO TAKE IMMEDIATE STEPS TO
TRY TO ACHIEVE A RESOLUTION. THE LONGER YOU WAIT, THE FEWER
OPTIONS YOU MAY HAVE.
IF YOU HAVE NOT TAKEN ANY ACTIONS TO RESOLVE THIS MATTER
WITHIN 90 DAYS FROM THE DATE THIS NOTICE WAS MAILED, WE MAY
COMMENCE LEGAL ACTION AGAINST YOU (OR SOONER IF YOU CEASE
TO LIVE IN THE DWELLING AS YOUR PRIMARY RESIDENCE.)
IF YOU NEED FURTHER INFORMATION, PLEASE CALL THE NEW YORK
SERVICES'
STATE DEPARTMENT OF FINANCIAL TOLL-FREE HELPLINE
AT 1-877-BANK-NYS (1-877-226-5697) OR VISIT THE
DEPARTMENT'S WEBSITE AT HTTP : //WWW . D FS . NY . GOV
IMPORTANT: YOU HAVE THE RIGHT TO REMAIN IN YOUR HOME UNTIL
YOU RECEIVE A COURT ORDER TELLING YOU TO LEAVE THE
PROPERTY. IF A FORECLOSURE ACTION IS FILED AGAINST YOU IN
COURT, YOU STILL HAVE THE RIGHT TO REMAIN IN THE HOME UNTIL
A COURT ORDERS YOU TO LEAVE. YOU LEGALLY REMAIN THE OWNER
OF AND ARE RESPONSIBLE FOR THE PROPERTY UNTIL THE PROPERTY
IS SOLD BY YOU OR BY ORDER OF THE COURT AT THE CONCLUSION
OF ANY FORECLOSURE PROCEEDINGS. THIS NOTICE IS NOT AN
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED BY THIS OFFICE WILL BE USED FOR THAT PURPOSE.
Index
INDEX ¹:
NO.000934-2017
000934-2017
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
EVICTION NOTICE, AND A FORECLOSURE ACTION HAS NOT YET BEEN
COMMENCED AGAINST YOU.
Very truly yours,
Leopold 6 Associates, PLLC.
Enc.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED BY THIS OFFICE WILL BE USED FOR THAT PURPOSE.
Index #: 000934-2017
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM INDEX NO. 000934-2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
LIST OF GOVERNMENT APPROVED HOUSING COUNSELING
AGENCIES IN YOUR AREA
Livingston
Housing Agency StreetAddress City,StateZip Phone Add!±!cre!Information
Rochester, NY14607-
ousing 935 East AveSuite 300 585-461-4263 N_LS
Foundation
Consumer Credit . .
1000 Ave'
niversity
Coun:clingServices of Rochester, NY14607 1-888-724-2227
Rochester,Inc.
Genesee ValleyRural
5861 Groveland Station
Preservation
Council, Mt. NY
Morris, 14510 585-658-4860 Spanish iñtcrpreter.
Inc.
Formerlyknown as Rural
Op Spanish speaking
es, Inc.
Pathstone Corp. 400 East Avenue Rochester, NY14607 585-340-3302
staff available
N_LS
7Öollege Avenue, 4th
The Housing Council Rochester, NY14607 585-546-3700 N_LS
Allegany
Housing Agency StreetAddress City,StateZip Phone A=-W liifarinatisii
To access WesternNew York
ForeclosureServicesPartners'
Sc uyler
ACCORD Belmont,NY 14813 585-268-7605 individual
web pages clickon the link
89
below:
jgtp://www.wnyforeclosurehelp.ore/
Sheen Ecumenical 935 East Ave Rochester, NY14607- -
Bishop 385-461-4263
Suite 300 .N_LS
Housing Foundation 2216
560 Delaware
ovu-v,.., ne' NY
Buffalo, 14202 716-856-2952
Avenue, Suite101
Neighborhood Housing 1937 South Park
NY
Buffalo, 14220 716-823-3630
Services of Buffalo Avenue
The Housing Council Rochester, NYW07
7Aven 4th Floor 5
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED BY THIS OFFICE WILL BE USED FOR THAT PURPOSE.
Index #: 000934-2017
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM INDEX NO. 000934-2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
CONSUMER NOTICE PURSUANT TO 15 U.S.C. SECTION 1692(G)
Unless you notifythisoffice,within thirty (30)days after receivingthis noticethat you dispute the validityof this
debt, or any portion thereof,this officewillassume thisdebt to be valid. Ifyou notify thisofficewithin thirty(30)
days from the receiptof thisnotice thatyou dispute thedebt, or any portion thereof,this officewillobtain
veriñcation of the debt orobtain a copy ofa j:d;;mêñt and a copy ofsuch jadgment or verineation willbe mailed to
you by thisoffice.Ifyou request,within thirty (30)days after receiptof thisnotice, thisofficewillprovide to you the
name and address of theoriginal creditor for thesi;cc:':cd
debt, ifdifferentfrom thecurrent creditor.If you send a
notice seeking any of theabove information within thirty(30) days from the receipt ofthisnotice, we willstop our
collectioneffortsuntil we mail the requested information.
Name of thecreditor: Deutsche Bank National Trust C....g..v, as Trustee for Morgan StanleyABS
Capital I Inc.Trust 2003-NC8
Amount of thedebt: $62,950.42
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED BY THIS OFFICE WILL BE USED FOR THAT PURPOS E.
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM INDEX NO. 000934-2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
55 BARIAlf #14iRRI all41BYIfH/
Leopold & Associates, PLLC po
80 Business Drive,Suite 110
Armonk, NY 10504
2
c/o Complamts Department : a
02 se
703,b 2D70 DODD 5455 3548 M LED F O
Donald Zielinski, Laura Zielinsk
6156 E Lake Rd
Conesus, NY 14435
Leopold & Associates, PLLC
80 Business Drive,Suite 110 s
Armonk, NY 10504
c/o Complaints Department
02 iP $
0001870777
MAILED FROM
Donald Zielinski, Laura Zielinski
6156 E Lake Rd
Conesus, NY 14435
Index
INDEX #:
NO.000934-2017
000934-2017
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
New York StateDepartment of Financial
Services
One State Street Plaza, New York,
NY 10004
Proofof Filing
Statement
To Whom It May Concern:
Section1306 of the Real Property
Actionsand PracccdingsLaw (RPAPL) requires assigacca or me".gcg
lenders, loan servicers
servicingloanson 1-to-4familyresidential
prepcitics
in New York State to file
certaininf=.;.Hóñwith the Superintendent
of
the Department Services within
Financial three days after the mailing
of a 90-Day
Pre-Foreclosure
Notice.
The inf:=:± below pertainstoa filing
submited to the Departmcatof Financial
Services as required
in Section1306 of
RPAPL. The infemation by the lender, assignee or martgage
is presented as filed loan servicer.
FilerInformation:
Name : Ocwen Financial
Corporation
Address : 1661 Worthington
Road Suite100
West Palm Beach FL 33409
FilingInformation:
TrackingNumber : NYS4345669
MailingDate Step 1 : 29-AUG-17 12.00.00.000
AM
MailingDate Step 2 : 12-DEC-17 12.00.00.000
AM
Judgment Date Step 3 :
FilingDate Step 1 : 31-AUG-17 05.55.36.000
AM
FilingDate Step 1 Orig : 31-AUG-17 05.52.45.000
AM
FilingDate Step 2 : 13-DEC-1702.58.47.000PM
FilingDate Step 3 :
Owner Occupd at Jdgmnt :
PropertyType : 1 to 4 Family
Home
PropertyAddress : 6156 E Lake
Rd Conesus
NY 14435 9702
County : Livingston
Loan
Date of Original : 13-JUN-0312.00.00.000AM
Amt of Original
Loan : 56100
Loan Number Step 1 RE DA C T E D
Loan Number Step 2
Loan Reset Frequency .
Loan Type : 1st Lien
Loan Details : Fixed
Rate
Loan Term : Other
Loan Modification : NoModification
Days Delinquent : Other
Borrower'sName : DonaldZielinski
Address Rd
: 6156 E Lake
Conesus 14435 9702
Borrower'sPhone No
FilingStatus : tep omp eted
Sincerely,
New York State Department
of Financial
Services
Index
INDEX #:
NO.000934-2017
000934-2017
FILED: LIVINGSTON COUNTY CLERK 03/12/2020 02:52 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 03/12/2020
New York State Department of Financial
Services
One State Street Plaza, New York,
NY 10004
Proof of Filing
Statement
To Whom It MayConcern:
Section1306 of the Real Property
Actionsand Pic-ceedinga Law
(RPAPL) requires assignees or mortgage
lenders, loan servicers
servicingloanson 1-to-4
family residential
properties
in New York State to file
certaininformation
with the Supertatendent
of
the DepartmentFinancial three days after the mailing
Services within of a 90-Day
Pre-Foreclosure
Notice.
The !:f:::±r below pertainsto submitted
a filing to the D:;:ts: of finâñál Services in
as required Section 1306 of
RPAPL. The information by the lender, assignee or mortgage
is presented as filed loan servicer.
FilerInformation:
Name : Ocwen Financial
Corporation
Address : 1661 Worthington
Road Suite 100
West Palm Beach FL 33409
FilingInformation:
TrackingNumber : NYS4345669
MailingDate Step 1 : 29-AUG-17 12.00.00.000
AM
MailingDate Step·2 : 12-DEC-17 12.00.00.000
AM
Judgment Date Step 3 :
FilingDate Step 1 : 31-AUG-17 05.55.36.000
AM
FilingDate Step I Orig : 31-AUG-17 05.52.45,000
AM
FilingDate Step 2 : 13-DEC-17 02.58.47.000
PM
FilingDate Step 3 :
Owner Occupd at Jdgmnt :
PropertyType : 1 to 4 Family
Home
PropertyAddress : 6156 E Lake
Rd Conesus
NY 14435 9702
County : Livingston
Date of Original
Loan : 13-JUN-0312.00.00.000AM
Amt of Original
Loan : 56100
Loan Number Step 1 RE DAC TE D
Loan Number Step 2
Loan Reset Frequency
Loan Type : ist
Lien
Loan Details : Fixed
Rate
Loan Term : Other
Loan Modification : No Modification
Days Delinquent : Other
Borrower'sName Zielinski
.: Laura
Address : 6156 E LakeRd
Conesus 14435 9702
Borrower'sPhone No
FilingStatus : Step 2 Completed
Sincerely,
New York of Financial
State Department Services