On July 06, 2015 a Party Notice was filed involving a dispute between Nationstar Mortgage Llc D B A Champion Mortgage Company, and Drew Doe, Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,, Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,, Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin, Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff, Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin, Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff, New York State Department Of Taxation And Finance, Secretary Of Housing And Urban Development, United States Of America, Us Trust Company Of New York Corp. As Trustee Under The Pooling And Servicing Agreement Dated As Of 4 1 85 N K A Us Trust Corp., for Foreclosure (residential mortgage) in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 07/20/2015 04:04 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/20/2015 SLR:BPS:lh USAO #2015V01902 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------X Nationstar Mortgage LLC, NOTICE OF APPEARANCE AND WAIVER (AND CONDITIONAL ASSERTION OF CLAIM IF CASE INVOLVES Plaintiff, A FEDERAL TAX LIEN) Index No. 707021-2015 -against- The Estate of Waveney Harte, et al., Defendants. ------------------------------------X PLEASE TAKE NOTICE that the defendant United States of America hereby appears in the action and that the undersigned is duly authorized to appear as attorney for said defendant therein (except as noted below); and that service of all papers and notice of all proceedings in said action is hereby waived with the exception of the following: 1) notice of any amendment to the pleadings to refer to any lien or interest of the United States not described in the pleading heretofore served on the United States; 2) notice of any motion or other paper seeking to challenge the lien or other interest of record of the United States; 3) notice of sale; 4) report of sale; and 5) notice of all proceedings to obtain surplus moneys. 2 PLEASE FURTHER NOTE, HOWEVER, that, to the extent that the pleading served on the United States fails to set forth with particularity an interest or lien of the United States, or to provide the information specifically required with respect to any federal tax lien in the manner required under 28 U.S.C. ' 2410(b) (requiring the name and address of the taxpayer whose liability created the lien and, if a notice of the tax lien was filed, the identity of the internal revenue office which filed the notice and the date and place such notice of lien was filed), the undersigned is not authorized to appear for the United States in respect to such unidentified or inadequately identified interest or lien of the United States, and the United States will maintain that it is not party to the matter for purposes of such unidentified or inadequately identified interest of the United States because the statutory waiver of sovereign immunity is conditioned upon compliance with ' 2410(b). PLEASE TAKE FURTHER NOTICE that, if the pleading that has been served on the United States does refer to a federal tax lien (and contains the information required in respect to such a lien pursuant to ' 2410(b)), then the United States hereby (1) alleges that the federal tax lien attaches to the property that is the subject of this action, (2) agrees that the property may be sold free and clear of said lien, assuming said lien is inferior to the lien in respect to which the property is to be sold (as required by 28 U.S.C. section 2410(c), with said lien to attach to the sale proceeds with the same effect and priority the lien had in respect to the property) if and only if the provisions of 28 U.S.C. ' 2410 are otherwise complied with and the United States is notified of the sale such that it may exercise its right of redemption under ' 2410(c), and further notified of any surplus proceeds, and (3) claims all proceeds left after 3 the satisfaction of liens that are senior to the federal tax lien. The United States does not hereby consent to a sale free and clear of any lien of the United States that is superior to the lien that a sale is made to satisfy. Any such consent hereafter given must be explicit and in writing. Dated: Brooklyn, New York July 20, 2015 Very truly yours, KELLY T. CURRIE Acting United States Attorney Eastern District of New York Attorney for the United States of America 271 Cadman Plaza East Brooklyn, N.Y. 11201 By: s/Beth P. Schwartz BETH P. SCHWARTZ Assistant U.S. Attorney (718) 254-6017 To: RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse Suite LL-13 Westbury, NY 11590