Preview
FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
_______________________________________________________________Ç
REVERSE MORTGAGE FUNDING LLC, INDEX NO.: EK12017001667
Plaintiff(s), NOTICE OF MOTION FOR AN
ORDER OF REFERENCE
vs.
MORTGAGED PROPERTY: 113
HELEN J.BELL AKA HELEN J. MARSH; UNITED
STATES OF AMERICA ACTING ON BEHALF OF
THE SECRETARY OF HOUSING AND URBAN 14063
DEVELOPMENT, COUNTY: CHAUTAUQUA
#1" #10,"
"JOHN DOE through "JOHN DOE said Servicer: Compu-Link Corporation d/b/a
names being fictitiousand unknown to plaintiff,the Celink
persons or parties intended being the tenants, occupants, Servicer Telephone: (866) 444-0026
persons or corporations, ifany, having or claiming an
interest in or lienupon the mortgaged premises
SBL#:
Section 130.07, Block 1, Lots 2 &3
Defendant(s).
___________-----------------------------------------------------X
PLEASE TAKE NOTICE that upon the attached affirmation of Nadine D. Smith, Esq.,
dated December 5, 2022, the affidavit of Caryn Edwards, sworn to November 04, 2022, the
exhibits attached thereto, and all prior proceedings in this case, Plaintiff REVERSE
MORTGAGE FUNDING LLC will move this court on January 23, 2023 at 1:30p.m., by
submission, before Hon. Stephen W. Cass at the Supreme Court of CHAUTAUQUA County, 3
North Erie Street Mayville, NY 14757, or as soon thereafter as the parties may be heard, for an
order:
1. Appointing a referee to compute the amount due Plaintiff, examine whether the
mortgaged property known as 113 HOWARD STREET, FREDONIA, NY 14063 may be sold in
parcels, and make his/her computation and report with all convenient speed pursuant to RPAPL
§1321;
2. Declaring that all non-appearing and non-answering defendants are in default
E1151111111111111111E111R115 EllgilillMillgAAllIllilIII IllIIIIIIIAMIlilIIIII
20-003015-BoW
1 of 3
FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/06/2022
pursuant to CPLR §3215; and
3. Deeming the refiled Notice of Pendency timely filed, nunc pro tunc;
4. Such additional relief as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering
papers and notice of cross-motion, with supporting papers, if any, must be served upon the
undersigned at least seven (7) days prior to the return date of this motion.
DATED: December 5, 2022
Westbury, New York
Nadine D. Smith, Esq.
Robertson, Anschutz, Schneid, Crane & Partners,
PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
TO:
HELEN J. BELL AKA HELEN J. MARSH
113 HOWARD STREET
FREDONIA, NY 14063
UNITED STATES ATTORNEY - WESTERN DISTRICT OF NEW YORK
JAMES P. JR. - WAIVED SERVICE
KENNEDY,
ATTORNEY FOR UNITED STATE OF AMERICA ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
C/O UNITED STATES ATTORNEY - WESTERN DISTRICT OF NEW YORK
PRIMARY EMAIL: MARY.PAT.FLEMING@USDOJ.GOV
20-003015 - BoW
2 of 3
FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/06/2022
Index No.: EK12017001667
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
REVERSE MORTGAGE FUNDING LLC,
PLAINTIFF,
vs.
HELEN J. BELL AKA HELEN J. MARSH; UNITED STATES OF AMERICA
ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT,
#1" #10,"
"JOHN DOE through "JOHN DOE said names being fictitious and
unknown to plaintiff, the persons or parties intended being the tenants, occupants,
persons or corporations, ifany, having or claiming an interest in or lien upon the
mortgaged premises,
DEFENDANTS.
MOTION FOR AN ORDER OF REFERENCE
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorneys for Plaintif
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
Facsimile: 516-280-7674
20-003015 - BoW
3 of 3
Preview
FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA _______________________________________________________________Ç REVERSE MORTGAGE FUNDING LLC, INDEX NO.: EK12017001667 Plaintiff(s), NOTICE OF MOTION FOR AN ORDER OF REFERENCE vs. MORTGAGED PROPERTY: 113 HELEN J.BELL AKA HELEN J. MARSH; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN 14063 DEVELOPMENT, COUNTY: CHAUTAUQUA #1" #10," "JOHN DOE through "JOHN DOE said Servicer: Compu-Link Corporation d/b/a names being fictitiousand unknown to plaintiff,the Celink persons or parties intended being the tenants, occupants, Servicer Telephone: (866) 444-0026 persons or corporations, ifany, having or claiming an interest in or lienupon the mortgaged premises SBL#: Section 130.07, Block 1, Lots 2 &3 Defendant(s). ___________-----------------------------------------------------X PLEASE TAKE NOTICE that upon the attached affirmation of Nadine D. Smith, Esq., dated December 5, 2022, the affidavit of Caryn Edwards, sworn to November 04, 2022, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff REVERSE MORTGAGE FUNDING LLC will move this court on January 23, 2023 at 1:30p.m., by submission, before Hon. Stephen W. Cass at the Supreme Court of CHAUTAUQUA County, 3 North Erie Street Mayville, NY 14757, or as soon thereafter as the parties may be heard, for an order: 1. Appointing a referee to compute the amount due Plaintiff, examine whether the mortgaged property known as 113 HOWARD STREET, FREDONIA, NY 14063 may be sold in parcels, and make his/her computation and report with all convenient speed pursuant to RPAPL §1321; 2. Declaring that all non-appearing and non-answering defendants are in default E1151111111111111111E111R115 EllgilillMillgAAllIllilIII IllIIIIIIIAMIlilIIIII 20-003015-BoW 1 of 3 FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/06/2022 pursuant to CPLR §3215; and 3. Deeming the refiled Notice of Pendency timely filed, nunc pro tunc; 4. Such additional relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. DATED: December 5, 2022 Westbury, New York Nadine D. Smith, Esq. Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 TO: HELEN J. BELL AKA HELEN J. MARSH 113 HOWARD STREET FREDONIA, NY 14063 UNITED STATES ATTORNEY - WESTERN DISTRICT OF NEW YORK JAMES P. JR. - WAIVED SERVICE KENNEDY, ATTORNEY FOR UNITED STATE OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O UNITED STATES ATTORNEY - WESTERN DISTRICT OF NEW YORK PRIMARY EMAIL: MARY.PAT.FLEMING@USDOJ.GOV 20-003015 - BoW 2 of 3 FILED: CHAUTAUQUA COUNTY CLERK 12/06/2022 12:50 PM INDEX NO. EK12017001667 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 12/06/2022 Index No.: EK12017001667 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA REVERSE MORTGAGE FUNDING LLC, PLAINTIFF, vs. HELEN J. BELL AKA HELEN J. MARSH; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, #1" #10," "JOHN DOE through "JOHN DOE said names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the mortgaged premises, DEFENDANTS. MOTION FOR AN ORDER OF REFERENCE Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintif 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 Facsimile: 516-280-7674 20-003015 - BoW 3 of 3