On June 25, 2021 a
Hearing
was filed
involving a dispute between
Wells Fargo Bank, N.A., As Trustee For Citigroup Mortgage Loan Trust, Series 2004-Opt1, Asset Backed Pass-Through Certificates,
and
Banco Popular North America,
Ellen Barasch A K A Ellen Crawford Barasch A K A Ellen Crawford,
Ellen Barasch
A K A Ellen Crawford Barasch A K A Ellen Crawford,
John Doe 1 Through 12,
John Doe
1 Through 12,
Marc Verzani,
Mark Barasch,
New York State Tax Commissioner,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
CITIGROUP MORTGAGE LOAN TRUST, SERIES Index No.: 58675/2021
2004-OPT1, ASSET BACKED PASS-THROUGH
CERTIFICATES, NOTICE OF CROSS MOTION
Plaintiff, TO CONSOLIDATE, DISMISS
-against- THE CONJOINED ACTIONS
WITH PREJUDICE, MODIFY
MARK BARASCH, ELLEN BARASCH A/K/A ELLEN THE JUDGMENT AND FOR
CRAWFORD BARASCH A/K/A ELLEN HEARING ON SANCTIONS
CRAWFORD, BANCO POPULAR N.A., MARC
VERZANI, NYS TAX COMMISSIONER et al
Defendants.
PLEASE TAKE NOTICE THAT, upon the annexed affidavit of Marc Verzani, sworn to
February 11, 2023, and upon the accompanying Memorandum of Law, together with the exhibits
annexed thereto, and upon all prior proceedings, nominee defendant Marc Verzani, will cross-move
this Court located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains NY 10601 on the 21st
Day of February, 2023 at 9:30 a.m. of that day or as soon thereafter as counsel can be heard, for an
order:
1. Pursuant to CPLR 602(a) joining the previous dismissed action Wells Fargo v. Barasch
Foreclosure"
(Supreme Court, Westchester County)(Index No.. 61855/2015)("2015 action) and
Foreclosure"
consolidating it with this matter (the "2021 action) on the grounds that (a) the two
lawsuits, involve the same parties (other than the Cross-Movant and IRS), the exact same underlying
facts referencing the same real property, make reference to the same mortgage, require an adjudication
of common question of law and fact regarding (i) the Second Department's affirmation of the
dismissal of the 2nd Foreclosure, 188 A.D.3d 955 (N.Y. App, Div. 2020), as wells as, (ii) the instant
matter was time barred when filed, and (b) there is no prejudice to a substantial right of any party.
2. Pursuant to CPLR 3211(a)(2) and 3211(a)(4) dismissing the now consolidated actions,
with prejudice, on the grounds that (i) The 2009 Foreclosure action, was dismissed by Order of
1 of 2
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/13/2023
Giacomo, J. in 2013, (ii) the Second Department in 2020 affirmed the dismissal of the 2009
Foreclosure with no further appeal, and (iii) the mortgage and note expired and became unenforceable
on November 8, 2021, and by failure of Wells Fargo to ever appeal, "rendered the mortgage and note
unenforceable"
permanently expired and on December 9, 2021.
3. Modifying the Judgment recently entered February 1, 2023 to include the Order of
Ecker, J. dismissing the 2015 Foreclosure action, and the Second Department affirming the same.
4. Sanctioning, after a hearing, those lawyers representing Wells Fargo and its notary, and
any witness and secretaries involved in preparing the False Affidavit.
5. Awarding defendant such other and further relief as the court may deem just and proper
together.
Dated: Westchester, New York
Februa 13 023
By: MARC V ANI
11 Elena Drive
Cortland Manor, NY 10567
914-643-7044
Defendant, Pro Se
2 of 2
Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER WELLS FARGO BANK, N.A., AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES Index No.: 58675/2021 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, NOTICE OF CROSS MOTION Plaintiff, TO CONSOLIDATE, DISMISS -against- THE CONJOINED ACTIONS WITH PREJUDICE, MODIFY MARK BARASCH, ELLEN BARASCH A/K/A ELLEN THE JUDGMENT AND FOR CRAWFORD BARASCH A/K/A ELLEN HEARING ON SANCTIONS CRAWFORD, BANCO POPULAR N.A., MARC VERZANI, NYS TAX COMMISSIONER et al Defendants. PLEASE TAKE NOTICE THAT, upon the annexed affidavit of Marc Verzani, sworn to February 11, 2023, and upon the accompanying Memorandum of Law, together with the exhibits annexed thereto, and upon all prior proceedings, nominee defendant Marc Verzani, will cross-move this Court located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains NY 10601 on the 21st Day of February, 2023 at 9:30 a.m. of that day or as soon thereafter as counsel can be heard, for an order: 1. Pursuant to CPLR 602(a) joining the previous dismissed action Wells Fargo v. Barasch Foreclosure" (Supreme Court, Westchester County)(Index No.. 61855/2015)("2015 action) and Foreclosure" consolidating it with this matter (the "2021 action) on the grounds that (a) the two lawsuits, involve the same parties (other than the Cross-Movant and IRS), the exact same underlying facts referencing the same real property, make reference to the same mortgage, require an adjudication of common question of law and fact regarding (i) the Second Department's affirmation of the dismissal of the 2nd Foreclosure, 188 A.D.3d 955 (N.Y. App, Div. 2020), as wells as, (ii) the instant matter was time barred when filed, and (b) there is no prejudice to a substantial right of any party. 2. Pursuant to CPLR 3211(a)(2) and 3211(a)(4) dismissing the now consolidated actions, with prejudice, on the grounds that (i) The 2009 Foreclosure action, was dismissed by Order of 1 of 2 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/13/2023 Giacomo, J. in 2013, (ii) the Second Department in 2020 affirmed the dismissal of the 2009 Foreclosure with no further appeal, and (iii) the mortgage and note expired and became unenforceable on November 8, 2021, and by failure of Wells Fargo to ever appeal, "rendered the mortgage and note unenforceable" permanently expired and on December 9, 2021. 3. Modifying the Judgment recently entered February 1, 2023 to include the Order of Ecker, J. dismissing the 2015 Foreclosure action, and the Second Department affirming the same. 4. Sanctioning, after a hearing, those lawyers representing Wells Fargo and its notary, and any witness and secretaries involved in preparing the False Affidavit. 5. Awarding defendant such other and further relief as the court may deem just and proper together. Dated: Westchester, New York Februa 13 023 By: MARC V ANI 11 Elena Drive Cortland Manor, NY 10567 914-643-7044 Defendant, Pro Se 2 of 2