On April 16, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Mr Cooper,
Nationstar Mortgage Llc,
and
David Bennett Estate Of , As Heir And Distributee Of The Estate Of David Bennett,
David Bennett Estate Of
, As Heir And Distributee Of The Estate Of David Bennett,
John A Bennett,
John Doe 1-12 1 - John Doe 12 The Last Twelve Names Being Fictitious And Unknown To Plaintiff,The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corps, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint,
John Doe 1-12
1 - John Doe 12 The Last Twelve Names Being Fictitious And Unknown To Plaintiff,The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corps, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint,
Lucile P Todd , As Heir And Distributee Of The Estate Of David Bennett,
Lucile P Todd
, As Heir And Distributee Of The Estate Of David Bennett,
New York State Department Of Taxation And Finance,
Robert A Bennett Estate Of,
Robert J Gilmore , As Heir And Distributee Of The Estate Of David Bennett,
Robert J Gilmore
, As Heir And Distributee Of The Estate Of David Bennett,
United States Of America Internal Revenue Service,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Otsego County.
Preview
FILED: OTSEGO COUNTY CLERK 02/14/2022 04:10 PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/14/2022
EXHIBIT A
FILED: OTSEGO COUNTY CLERK 04/16/2019
02/14/2022 09:36
04:10 AM
PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 3
66 RECEIVED NYSCEF: 04/16/2019
02/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OTSEGO
NATIONSTAR MORTGAGE LLC D/B/A MR. CERTIFICATE OF MERIT
COOPER,
Plaintiff, INDEX NO.
vs.
HEIRS AND DISTRIBUTEES OF THE ESTATE OF
DAVID BENNETT; HEIRS AND DISTRIBUTEES
OF THE ESTATE OF ROBERT A. BENNETT;
LUCILE P. TODD, AS HEIR AND DISTRIBUTEE
OF THE ESTATE OF DAVID BENNETT; JOHN A.
BENNETT, AS HEIR AND DISTRIBUTEE OF THE
ESTATE OF DAVID BENNETT; ROBERT J.
GILMORE, AS HEIR AND DISTRIBUTEE OF THE
ESTATE OF DAVID BENNETT; NEW YORK
STATE DEPARTMENT OF TAXATION AND
UNITED STATES OF AMERICA -
FINANCE;
INTERNAL REVENUE SERVICE,
#1" #12,"
"JOHN DOE through "JOHN DOE 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
premises, described in the complaint,
Defendant(s).
1. I am an attorney duly licensed to practice in the state of New York and am affiliated
with the law firm of RAS BORISKIN, LLC, the attorneys for the above-named
plaintiff.
2. Connie Melendez, a Document Execution Associate of plaintiff or plaintiffs servicer,
confirmed that she personally reviewed plaintiffs documents and records relating to
this case for factual accuracy.
lll11111II111K111111111111111111llIll 111111111lll111KI11111HI111111IllillIIIIIllIll
IIIIIIIIIIIIllIIIIKIIIIIIIIII
19-267900 - MeM
1 of 29
FILED: OTSEGO COUNTY CLERK 04/16/2019
02/14/2022 09:36
04:10 AM
PM INDEX NO. EF2019-301
NYSCEF DOC. NO. 3
66 RECEIVED NYSCEF: 04/16/2019
02/14/2022
3. Based upon my review of the communication with plaintiffs representative, as well as
upon my own inspection of the documents and other diligent inquiry, I certify that to
the best of my knowledge, information and belief, there exists a reasonable basis for
the commencement of a mortgage foreclosure action and that plaintiff or its nominee
is entitled to enforce itsrights under the loan documents in accordance with
applicable law.
4. All of the relevant documents, all of which have been reviewed by me, are attached to
this Certificate of Merit.
Dated: 2019
Westbury, New York
BY:, c
[ ] 5 ORISKIN, ESQ
[ ] ANTHONY CELLUCCI, ESQ.
CpfANNETTE SHACHTER, ESQ.
[ ] ALECIA C. DANIEL, ESQ.
19-267900 - MeM
2 of 29
Document Filed Date
February 14, 2022
Case Filing Date
April 16, 2019
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: OTSEGO COUNTY CLERK 02/14/2022 04:10 PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 02/14/2022 EXHIBIT A FILED: OTSEGO COUNTY CLERK 04/16/2019 02/14/2022 09:36 04:10 AM PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 3 66 RECEIVED NYSCEF: 04/16/2019 02/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OTSEGO NATIONSTAR MORTGAGE LLC D/B/A MR. CERTIFICATE OF MERIT COOPER, Plaintiff, INDEX NO. vs. HEIRS AND DISTRIBUTEES OF THE ESTATE OF DAVID BENNETT; HEIRS AND DISTRIBUTEES OF THE ESTATE OF ROBERT A. BENNETT; LUCILE P. TODD, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT; JOHN A. BENNETT, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT; ROBERT J. GILMORE, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF DAVID BENNETT; NEW YORK STATE DEPARTMENT OF TAXATION AND UNITED STATES OF AMERICA - FINANCE; INTERNAL REVENUE SERVICE, #1" #12," "JOHN DOE through "JOHN DOE 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 premises, described in the complaint, Defendant(s). 1. I am an attorney duly licensed to practice in the state of New York and am affiliated with the law firm of RAS BORISKIN, LLC, the attorneys for the above-named plaintiff. 2. Connie Melendez, a Document Execution Associate of plaintiff or plaintiffs servicer, confirmed that she personally reviewed plaintiffs documents and records relating to this case for factual accuracy. lll11111II111K111111111111111111llIll 111111111lll111KI11111HI111111IllillIIIIIllIll IIIIIIIIIIIIllIIIIKIIIIIIIIII 19-267900 - MeM 1 of 29 FILED: OTSEGO COUNTY CLERK 04/16/2019 02/14/2022 09:36 04:10 AM PM INDEX NO. EF2019-301 NYSCEF DOC. NO. 3 66 RECEIVED NYSCEF: 04/16/2019 02/14/2022 3. Based upon my review of the communication with plaintiffs representative, as well as upon my own inspection of the documents and other diligent inquiry, I certify that to the best of my knowledge, information and belief, there exists a reasonable basis for the commencement of a mortgage foreclosure action and that plaintiff or its nominee is entitled to enforce itsrights under the loan documents in accordance with applicable law. 4. All of the relevant documents, all of which have been reviewed by me, are attached to this Certificate of Merit. Dated: 2019 Westbury, New York BY:, c [ ] 5 ORISKIN, ESQ [ ] ANTHONY CELLUCCI, ESQ. CpfANNETTE SHACHTER, ESQ. [ ] ALECIA C. DANIEL, ESQ. 19-267900 - MeM 2 of 29