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  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
  • Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Abs Capital I Inc. Trust 2003-Nc8 v. Donald Zielinski, Laura Zielinski, Capital One Bank, Americredit Financial Services, Inc, Rab Performance Recoveries, Llc, Jerica CloseReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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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