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FILED: SCHUYLER COUNTY CLERK 10/09/2020 03:58 PM INDEX NO. e2020-0134
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/09/2020
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF SCHUYLER
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WILMINGTON TRUST NATIONAL INDEX NO.:
ASSOCIATION, AS SUCCESSOR TRUSTEE TO DATE FILED:
CITIBANK, N.A., AS TRUSTEE FOR BEAR
STEARNS ASSET BACKED SECURITIES I
TRUST 2005-CL1, ASSET-BACKED CERTIFICATE OF MERIT
CERTIFICATES, SERIES 2005-CL1 PURSUANT TO CPLR 3012-b
Plaintiff
Mortgaged Premises Address:
-against- 531 County Road 23
Dundee a/k/a Town of Tyrone, New York
DAWN M. WHEELER A/K/A DAWN 14837
WHEELER,
WILLIAM J. WHEELER,
NEW YORK STATE AFFORDABLE HOUSING
CORPORATION,
CLERK OF SCHUYLER COUNTY,
“JOHN DOE #1” through “JOHN DOE #12,” the
last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
Subject Property described in the Complaint,
Defendants.
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1. I am an attorney at law duly licensed to practice in the State of New York, and am
affiliated the law firm of McCabe, Weisberg & Conway, LLC, attorney for plaintiff, Wilmington
Trust National Association, as Successor Trustee to Citibank, N.A., as Trustee for Bear Stearns
Asset Backed Securities I Trust 2005-CL1, Asset-Backed Certificates, Series 2005-CL1, 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.
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 other instruments of indebtedness including any
modification, extension, and consolidation.
4. I have consulted about the fact of this case with the following representatives of
plaintiff:
Name Title
1 of 2
FILED: SCHUYLER COUNTY CLERK 10/09/2020 03:58 PM INDEX NO. e2020-0134
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/09/2020
Debbie Best Contract Management Coordinator
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 creditor entitled to enforce rights under these 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: .)
7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that
certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or
otherwise. (Check box if no documents are attached in Exhibit B: .)
8. I am aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
Dated: October 9, 2020
New Rochelle, New York
McCABE, WEISBERG & CONWAY, LLC
By: _______________________________
DEANA CHELI, ESQ.
Attorneys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, NY 10801
914-636-8900
914-636-8901 facsimile
2 of 2
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FILED: SCHUYLER COUNTY CLERK 10/09/2020 03:58 PM INDEX NO. e2020-0134 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/09/2020 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF SCHUYLER ----------------------------------------------------------------X WILMINGTON TRUST NATIONAL INDEX NO.: ASSOCIATION, AS SUCCESSOR TRUSTEE TO DATE FILED: CITIBANK, N.A., AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2005-CL1, ASSET-BACKED CERTIFICATE OF MERIT CERTIFICATES, SERIES 2005-CL1 PURSUANT TO CPLR 3012-b Plaintiff Mortgaged Premises Address: -against- 531 County Road 23 Dundee a/k/a Town of Tyrone, New York DAWN M. WHEELER A/K/A DAWN 14837 WHEELER, WILLIAM J. WHEELER, NEW YORK STATE AFFORDABLE HOUSING CORPORATION, CLERK OF SCHUYLER COUNTY, “JOHN DOE #1” through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property 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 the law firm of McCabe, Weisberg & Conway, LLC, attorney for plaintiff, Wilmington Trust National Association, as Successor Trustee to Citibank, N.A., as Trustee for Bear Stearns Asset Backed Securities I Trust 2005-CL1, Asset-Backed Certificates, Series 2005-CL1, 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. 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 other instruments of indebtedness including any modification, extension, and consolidation. 4. I have consulted about the fact of this case with the following representatives of plaintiff: Name Title 1 of 2 FILED: SCHUYLER COUNTY CLERK 10/09/2020 03:58 PM INDEX NO. e2020-0134 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/09/2020 Debbie Best Contract Management Coordinator 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 creditor entitled to enforce rights under these 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: .) 7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or otherwise. (Check box if no documents are attached in Exhibit B: .) 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: October 9, 2020 New Rochelle, New York McCABE, WEISBERG & CONWAY, LLC By: _______________________________ DEANA CHELI, ESQ. Attorneys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, NY 10801 914-636-8900 914-636-8901 facsimile 2 of 2