On June 08, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7,
and
Amy L. Sherman Aka Amy L. Wooden,
Christopher S. Wooden Aka Christophe Wooden,
John Doe And Jane Doe,
Sterling Jewelers Inc. Dba Kay Outlet,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Yates County.
Preview
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/29/2022
Exhibit H
FILED: YATES COUNTY CLERK 06/08/2021
04/29/2022 02:36
04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 11
74 RECEIVED NYSCEF: 06/08/2021
04/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
---------------------------------------------------------------------X
U.S. BANK NATIONAL ASSOCIATION, AS Index No.2021-5136
INDENTURE TRUSTEE, FOR THE HOLDERS OF NYSCEF Received: 06/08/2021
THE CIM TRUST 2017-7, MORTGAGE-BACKED CERTIFICATE OF MERIT
NOTES, SERIES 2017-7, PURSUANT TO CPLR 3012-B
Plaintiff Mortgaged Premises:
-against- 55 West Lake Road Bpt
Branchport, New York 14418
AMY L. SHERMAN AKA AMY L. WOODEN; aka
CHRISTOPHER S. WOODEN AKA CHRISTOPHE 55 West Lake Road
WOODEN; STERLING JEWELERS INC. DBA KAY Branchport, New York 14418
OUTLET; "JOHN DOE" and "JANE DOE" said names
being fictitious, it being the intention of Plaintiff to Section: 83.57
designate any and all occupants of premises being Block: 1
foreclosed herein, Lot: 30
Defendants
---------------------------------------------------------------------X
1. I am an attorney at law duly licensed in the State of New York, and am affiliated with the law
firm of FRIEDMAN VARTOLO LLP attorneys for Plaintiff, U.S. Bank National Association, as
Indenture Trustee, for the Holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7
(hereinafter “Plaintiff”) 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, Amy L.
Sherman aka Amy L. Wooden and Christopher S. Wooden aka Christophe Wooden, (hereinafter
“Defendants”), 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 Defendants, all
instruments of assignment (if any) and all other instruments of indebtedness including any
modification, extension, and consolidation.
4. I have consulted about the facts of this case with the following representatives of Plaintiff:
Firm File No. 203165-1
1 of 2
FILED: YATES COUNTY CLERK 06/08/2021
04/29/2022 02:36
04:31 PM INDEX NO. 2021-5136
NYSCEF DOC. NO. 11
74 RECEIVED NYSCEF: 06/08/2021
04/29/2022
Name: Asia Smith
Title: Foreclosure Specialist of Select Portfolio Servicing, Inc., attorney-in-fact for U.S. Bank National
Association, as Indenture Trustee, for the Holders of the CIM Trust 2017-7, Mortgage-Backed Notes,
Series 2017-7
5. Upon this review and consultation, to the best of my knowledge, information, and belief, I
certify that there is reasonable basis for the commencement of this action, and that Plaintiff is the
creditor entitled to enforced 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 assignments (if any); and
any other instruments of indebtedness, including any modification, extension, and consolidation.
(Check box if no documents are attached in Exhibit A: [X]).
7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain
documents as described in Paragraph 6 supra are lost, whether by destruction, theft, or otherwise.
(Check box if no documents are attached in Exhibit B: [X]).
8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part
1200) and 22 NYCRR Part 130.
Dated: June 8, 2021
New York, New York
__________________________________
Ralph L. Vartolo, Esq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
Firm File No. 203165-1
2 of 2
Preview
FILED: YATES COUNTY CLERK 04/29/2022 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/29/2022 Exhibit H FILED: YATES COUNTY CLERK 06/08/2021 04/29/2022 02:36 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 11 74 RECEIVED NYSCEF: 06/08/2021 04/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES ---------------------------------------------------------------------X U.S. BANK NATIONAL ASSOCIATION, AS Index No.2021-5136 INDENTURE TRUSTEE, FOR THE HOLDERS OF NYSCEF Received: 06/08/2021 THE CIM TRUST 2017-7, MORTGAGE-BACKED CERTIFICATE OF MERIT NOTES, SERIES 2017-7, PURSUANT TO CPLR 3012-B Plaintiff Mortgaged Premises: -against- 55 West Lake Road Bpt Branchport, New York 14418 AMY L. SHERMAN AKA AMY L. WOODEN; aka CHRISTOPHER S. WOODEN AKA CHRISTOPHE 55 West Lake Road WOODEN; STERLING JEWELERS INC. DBA KAY Branchport, New York 14418 OUTLET; "JOHN DOE" and "JANE DOE" said names being fictitious, it being the intention of Plaintiff to Section: 83.57 designate any and all occupants of premises being Block: 1 foreclosed herein, Lot: 30 Defendants ---------------------------------------------------------------------X 1. I am an attorney at law duly licensed in the State of New York, and am affiliated with the law firm of FRIEDMAN VARTOLO LLP attorneys for Plaintiff, U.S. Bank National Association, as Indenture Trustee, for the Holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 (hereinafter “Plaintiff”) 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, Amy L. Sherman aka Amy L. Wooden and Christopher S. Wooden aka Christophe Wooden, (hereinafter “Defendants”), 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 Defendants, all instruments of assignment (if any) and all other instruments of indebtedness including any modification, extension, and consolidation. 4. I have consulted about the facts of this case with the following representatives of Plaintiff: Firm File No. 203165-1 1 of 2 FILED: YATES COUNTY CLERK 06/08/2021 04/29/2022 02:36 04:31 PM INDEX NO. 2021-5136 NYSCEF DOC. NO. 11 74 RECEIVED NYSCEF: 06/08/2021 04/29/2022 Name: Asia Smith Title: Foreclosure Specialist of Select Portfolio Servicing, Inc., attorney-in-fact for U.S. Bank National Association, as Indenture Trustee, for the Holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforced 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 assignments (if any); and any other instruments of indebtedness, including any modification, extension, and consolidation. (Check box if no documents are attached in Exhibit A: [X]). 7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in Paragraph 6 supra are lost, whether by destruction, theft, or otherwise. (Check box if no documents are attached in Exhibit B: [X]). 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: June 8, 2021 New York, New York __________________________________ Ralph L. Vartolo, Esq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 Firm File No. 203165-1 2 of 2