Party Statement: Wells Fargo Bank, N.A. v. James Behrens, Clare Behrens, Wells Fargo Bank, N.A., John Doe #1 Through John Doe #10, The Last Ten Names Being Fictitious And Unknown To The Plaintiff, The Person Or Parties Intended Being The Persons Or Parties, If Any, Having Or Claiming An Interest In Or Lien Upon The Mortgaged Premises Described In The Complaint
On December 26, 2014 a
Party Statement
was filed
involving a dispute between
Wells Fargo Bank, N.A.,
and
Clare Behrens,
James Behrens,
John Doe #1 Through John Doe #10, The Last Ten Names Being Fictitious And Unknown To The Plaintiff, The Person Or Parties Intended Being The Persons Or Parties, If Any, Having Or Claiming An Interest In Or Lien Upon The Mortgaged Premises Described In The Complaint,
John Doe #1 Through John Doe #10, The Last Ten Names Being Fictitious And Unknown To The Plaintiff, The Person Or Parties Intended Being The Persons Or Parties, If Any, Having Or Claiming An Interest In Or Lien Upon The Mortgaged Premises Described In The
Complaint,
Wells Fargo Bank, N.A.,
for Foreclosure (residential mortgage)
in the District Court of Suffolk County.
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FILED: SUFFOLK COUNTY CLERK 02/17/2015 12:23 PM INDEX NO. 071017/2014
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/17/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------------X Index No.:
Wells Fargo Bank, N.A.
Plaintiff,
-against- CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
James Behrens, Clare Behrens, Wells Fargo Bank, N.A.,
and "JOHN DOE #1" through "JOHN DOE #10", the last
ten names being fictitious and unknown to the plaintiff, the Mortgaged Premises: 24 Locust
person or parties intended being the persons or parties, if Lane, Miller Place, NY 11764
any, having or claiming an interest in or lien upon the
Mortgage premises described in the Complaint,
Defendants.
------------------------------------------------------------------X
1. I am an attorney at law duly licensed to practice in the state of New York and am
affiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon,
LLP, the attorney for Plaintiff, Wells Fargo Bank, N.A., in this action.
2. This residential foreclosure action involves a home loan, as such term is defined
in Real Property Actions and Proceedings Law §1304. Upon information and
belief defendants, James Behrens and Clare Behrens are residents of the property
subject to foreclosure.
3. I have reviewed the facts of this case and reviewed pertinent documents, including
the mortgage, security agreement and note or bond underlying the mortgage
executed by defendant, all instruments of assignment (if any), and all the other
instruments of indebtedness including any modification, extension, and
consolidation.
4. I have consulted about the facts of this case with the following representative of
plaintiff:
Name Title
Donita Hartsfield Vice President Loan Documentation
5. Upon this review and consultation, to the best of my knowledge, information and
belief, I certify that there is a reasonable basis for the commencement of this
action, and that plaintiff is the creditor entitled to enforce rights under these
017-NY-V3
documents.
6. Listed in Exhibit A and attached hereto are copies of the following documents not
otherwise included as attachments to the summons and complaint: the mortgage,
security agreement and note or bond underlying the mortgage executed by the
defendant; all instruments of assignment (if any); and any other instrument of
indebtedness, including any modification, extension and consolidation. (Check
box if no documents are attached in Exhibit A: G.)
7. My office is in possession of the original note which was provided to us by, or on
behalf of, the plaintiff.
Dated: Buffalo, New York
December 17, 2014
Kristin Bolduc, Esq.
017-NY-V3
JOHN DOE #1 through JOHN DOE #10, the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint
Defendant
JOHN DOE #1 through JOHN DOE #10, the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the
Complaint
Defendant
Wells Fargo Bank, N.A.
Defendant
Wells Fargo Bank, N.A.
Plaintiff
KRISTIN BOLDUC
Attorney
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FILED: SUFFOLK COUNTY CLERK 02/17/2015 12:23 PM INDEX NO. 071017/2014 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/17/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------X Index No.: Wells Fargo Bank, N.A. Plaintiff, -against- CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b James Behrens, Clare Behrens, Wells Fargo Bank, N.A., and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the Mortgaged Premises: 24 Locust person or parties intended being the persons or parties, if Lane, Miller Place, NY 11764 any, having or claiming an interest in or lien upon the Mortgage premises described in the Complaint, Defendants. ------------------------------------------------------------------X 1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, the attorney for Plaintiff, Wells Fargo Bank, N.A., in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law §1304. Upon information and belief defendants, James Behrens and Clare Behrens are residents of the property subject to foreclosure. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all the other instruments of indebtedness including any modification, extension, and consolidation. 4. I have consulted about the facts of this case with the following representative of plaintiff: Name Title Donita Hartsfield Vice President Loan Documentation 5. Upon this review and consultation, to the best of my knowledge, information and belief, I certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these 017-NY-V3 documents. 6. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments of assignment (if any); and any other instrument of indebtedness, including any modification, extension and consolidation. (Check box if no documents are attached in Exhibit A: G.) 7. My office is in possession of the original note which was provided to us by, or on behalf of, the plaintiff. Dated: Buffalo, New York December 17, 2014 Kristin Bolduc, Esq. 017-NY-V3