Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
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09:20 PM
AM INDEX NO. 58675/2021
NYSCEF DOC. NO. 37
1 RECEIVED NYSCEF: 02/13/2023
06/25/2021
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF WESTCHESTER
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WELLS FARGO BANK, N.A., AS TRUSTEE FOR INDEX NO.:
CITIGROUP MORTGAGE LOAN TRUST, DATE FILED:
SERIES 2004-OPT1, ASSET BACKED PASS-
THROUGH CERTIFICATES, SUMMONS
Plaintiff, Plaintiff designates Westchester County
as the Place of Trial
-against-
Designation of Venue is based upon
MARK BARASCH, the situs of the Subject Property
ELLEN BARASCH A/K/A ELLEN CRAWFORD
BARASCH A/K/A ELLEN CRAWFORD, Subject Property:
BANCO POPULAR NORTH AMERICA, 39 Major Lockwood a/k/a 39 Major
MARC VERZANI, Lockwood Lane a/k/a 39 Major
NEW YORK STATE TAX COMMISSIONER, Lockwood Spur
“JOHN DOE #1” through “JOHN DOE #12,” the Pound Ridge, New York 10576
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
Subject Property described in the Complaint,
Defendants.
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TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the said United States
of America shall not expire until sixty (60) days after service of the Summons; and in case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure proceeding
against you and filing the answer with the court, a default judgment may be entered and
you can lose your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to the mortgage company will not stop the foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
McCABE, WEISBERG & CONWAY, LLC
Dated: June 17, 2021 By:
New Rochelle, NY DEANA CHELI, ESQ.
Attorneys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, NY 10801
914-636-8900
914-636-8901 facsimile
File # 560-1400
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TO:
Mark Barasch
39 Major Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur
Pound Ridge, New York 10576
Ellen Barasch a/k/a Ellen Crawford Barasch a/k/a Ellen Crawford
39 Major Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur
Pound Ridge, New York 10576
Banco Popular North America
120 Broadway, 16th Floor
New York, New York 10271
Marc Verzani
11 Elena Drive
Cortlandt Manor, New York 10567
New York State Tax Commissioner
WA Harriman Campus, Building 9
Albany, New York 12227
"JOHN DOE NO. 1" through "JOHN DOE NO. 12"
39 Major Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur
Pound Ridge, New York 10576
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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WELLS FARGO BANK, N.A., AS TRUSTEE FOR INDEX NO.:
CITIGROUP MORTGAGE LOAN TRUST, SERIES DATE FILED:
2004-OPT1, ASSET BACKED PASS-THROUGH
CERTIFICATES, COMPLAINT
Plaintiff,
-against-
MARK BARASCH,
ELLEN BARASCH A/K/A ELLEN CRAWFORD
BARASCH A/K/A ELLEN CRAWFORD,
BANCO POPULAR NORTH AMERICA,
MARC VERZANI,
NEW YORK STATE TAX COMMISSIONER,
“JOHN DOE #1” through “JOHN DOE #12,” 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
Subject Property described in the Complaint,
Defendants.
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The Complaint of the above-referenced Plaintiff, by its attorneys, McCabe, Weisberg &
Conway, LLC, complains and alleges upon information and belief as follows:
NATURE OF THIS ACTION
1. This action is brought and pursuant to Article 13 of the Real Property and
Proceedings Law for foreclosure of the mortgage dated June 11, 2004 and recorded on October
20, 2004, at Control number 442380392 in the Public Records of the County of Westchester,
State of New York (hereinafter referred to as the “Subject Mortgage”). The Mortgage Tax was
duly paid.
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2. The premises which forms the subject of this action is fully described in Schedule
“A” attached hereto.
PARTIES
3. At all times hereinafter mentioned, Plaintiff was and remains, organized and
existing under the laws of the United States of America or of the State of its formation.
4. Upon information and belief, Defendant(s) Mark Barasch and Ellen Barasch, at
all relevant times, maintain a residence within the State of New York and are the mortgagors
pursuant to the Subject Mortgage. The description and interest of the above-referenced
Defendant(s) is more fully set forth in Exhibit “B”, respectively. See RPAPL §§§ 1311, 1312,
and 1313.
5. Upon information and belief, the remaining Defendant(s), if any and not further
set forth hereinbelow, as identified in Schedule “C”, are named solely for the reasons set forth in
Schedule “C”. See RPAPL §§§ 1311, 1312, and 1313.
6. Defendants “JOHN DOE #1” through “JOHN DOE #12” are additional persons
or parties intended being the tenants, occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313.
RELEVANT FACTS
7. On or about June 11, 2004, Mark Barasch and Ellen Barasch, duly executed,
acknowledged, and delivered a note (hereinafter referred to as the “Subject Note”) wherein and
whereby Mark Barasch and Ellen Barasch promised to repay the sum of $725,000.00 in monthly
payments interest, taxes, assessments, leasehold payments or ground rents (if any), together with
hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is
a copy of the Subject Note.
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8. Plaintiff intends to cause a foreclosure action against the following mortgages:
(1) Mortgage dated January 31, 2003 in the principal amount of $520,000.00 executed by
defendants Mark Barasch and Ellen Barasch to Option One Mortgage Corporation and recorded
in the office of the Clerk of Westchester County on May 27, 2003 in Control Number
431350249. Said mortgage was assigned from Option One Mortgage Corporation to H&R Block
Mortgage Corporation by Gap Assignment of Mortgage dated June 30, 2009 and recorded in the
office of the Clerk of Westchester on October 14, 2009 in Control number 492710356.
(2) Mortgage dated June 11, 2004 in the principal amount of $211,197.42 executed by
defendants Mark Barasch and Ellen Barasch to H&R Block Mortgage Corporation and recorded
in the office of the Clerk of Westchester County on October 20, 2004 in Control Number
442380380.
Said mortgages (1) and (2) were consolidated, extended, and modified to form a single
lien in the amount of $725,000.00 by Consolidation Extension and Modification Agreement
dated June 11, 2004 executed by defendants Mark Barasch and Ellen Barasch to H&R Block
Mortgage Corporation and recorded in the office of the Clerk of Westchester County on October
20, 2004 in Control number 442380392.
9. Plaintiff, directly or through an agent maintains physical and/or constructive
possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject
Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff
and/or such party having delegated authority to Plaintiff, prior to the commencement of the
instant action.
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10. On or about June 11, 2004, as collateral and to secure the repayment of the sum
represented by the Subject Note, Mark Barasch and Ellen Barasch, duly executed, acknowledged
and delivered the Subject Mortgage.
11. The Subject Mortgage secures the real property commonly known as 39 Major
Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur, Pound Ridge, New
York 10576 and by Section 21 Block 9816 Lot 93, together with all fixtures, appurtenances, and
articles of personal property annexed thereto, installed therein, or used in connection with the in
addition to all right, title, and interest of the Defendants in and to the land lying in the streets and
roads in front of adjoining said Subject Property. Annexed hereto as Schedule “A” is a copy of
the legal description.
12. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of
Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove.
13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or
having been delegated the requisite authority to commence a mortgage foreclosure action by the
owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges
upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
14. That Plaintiff repeats and realleges each and every allegation contained in
paragraphs “1” through paragraphs “13” above with the same force and effect as if set forth at
length herein.
15. That Mark Barasch and Ellen Barasch defaulted on their obligation having failed
to comply with the conditions of the Subject Note by withholding the payment amount that
became due on August 1, 2015, and plaintiff is entitled to enforce its security interest against
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Mark Barasch and Ellen Barasch pursuant to the terms of the Subject Mortgage. As of June 17,
2021, said default has not been cured. There is now an unpaid principal balance of $699,904.30,
plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with
hazard and mortgage insurance, if applicable, due and owing to Plaintiff.
16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to
the extent required by the underlying loan documents, however, Defendant(s) continued default
remains uncured.
17. That Plaintiff has complied with those provisions of Real Property and
Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require.
18. That by reason of the aforementioned default(s), Plaintiff hereby declares the
balance of the principal indebtedness to be immediately due and owing.
19. That based upon the foregoing, there is now due and owing from the Borrower to
the Plaintiff, the principal sum of $699,904.30 plus interest thereon from July 1, 2015, in
addition to those accumulated late charges and those recoverable monies advanced by Plaintiff
and/or Plaintiff’s predecessor-in-interest on behalf of Mark Barasch and Ellen Barasch together
with all costs, including but not limited to, attorneys’ fees, disbursements, and further allowances
provided pursuant to the underlying loan documents and applicable law in bringing any action to
protect the Mortgagee’s interest in the Subject Property.
20. That Plaintiff shall not be deemed to have waived, altered, released or changed
the election hereinbefore made by reason of the payment after the date of the commencement of
this action, of any or all of the defaults mentioned herein; and such election shall continue and
remain effective until the costs and disbursements of this action, and any and all future defaults
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under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are
fully paid.
21. That to protect its security afforded by the Subject Note and Mortgage, it may be
necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which
are, or may become liens on the Subject Property, and any other charges for the protection of the
Subject Property, and Plaintiff hereby demands that any amounts which may be so expended
shall be added to the amount of the principal sum secured by said note and mortgage, together
with interest from the time of any such payment, and that the same be paid to the Plaintiff from
the proceeds of the foreclosure sale herein.
22. That Plaintiff further alleges that all Defendant(s), including those not specifically
identified as executors of the underlying loan documents, have or may claim to have, some
interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any,
is subject and subordinate to the lien of the mortgage being foreclosed herein.
23. That the sale of the Subject Property and title thereto are subject to the state of
facts an accurate survey will show; all covenants, restrictions, easements, agreements and
reservations, if any, of record, and to any and all violations thereof; any and all building and
zoning regulations, restrictions and ordinances of the municipality in which said premises are
situated, and to any violations of the same, including, but not limited to, reapportionment of lot
lines, and vault charges, if any; any and all orders or requirements issued by any governmental
body having jurisdiction against or affecting said premises and any violation of the same; the
physical condition of any building or structure on the premises as of the date of closing
hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of any
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defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials
in the premises including, but not limited to, flammable explosives, radioactive materials,
hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other
conditions as set forth in the terms of sale more particularly to be announced at the sale.
24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any
rules and regulations promulgated thereunder together with Banking Law §§ 6-l and 6-m.
25. That Plaintiff further alleges that no other proceedings have resulted in the
collection of any part of the mortgaged debt or if any such action is pending, a final judgment
was not rendered in favor of Plaintiff and such action is intended to be discontinued.
WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of
Plaintiff and as against Defendants as follows:
I. On its First Cause of Action:
a) The Defendants and each of them, and all persons claiming under them, or any of
them subsequent to the commencement of this action and the filing of the Notice
of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien
and equity of redemption in the Subject Property;
b) Said Subject Property be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easements, agreements and reservations, if any,
of record, and to any and all violations thereof; any and all building and zoning
regulations, restrictions and ordinances of the municipality in which said premises
are situated, and to any violations of the same, including, but not limited to,
reapportionment of lot lines, and vault charges, if any; any and all orders or
requirements issued by any governmental body having jurisdiction against or
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affecting said premises and any violation of the same; the physical condition of
any building or structure on the premises as of the date of closing hereunder;
rights of tenants in possession, if any; prior mortgages and judgments, if any, now
liens of record; right of Redemption of United States of America, if any; rights of
any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any;
any and all Hazardous Materials in the premises including, but not limited to,
flammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set
forth in the terms of sale more particularly to be announced at the sale.
c) Said Subject Property may be decreed to be sold in one parcel according to law
subject to the various items set forth in allegations of the complaint herein;
d) The monies arising from the sale may be brought into court;
e) Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums
expended by plaintiff prior to and during the pendency of this action, and for
thirty days after any sale demanded herein for taxes, water rates, sewer rents,
assessments, insurance premiums and other necessary and essential charges or
expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said
mortgage and note, and the amount secured thereby, with interest thereon from
the time of such payment and the costs and expenses of this action including
reasonable attorneys’ fees so far as the amount of such monies properly applicable
thereto will pay the same;
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f) The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said Subject Property unless the obligors were discharged in
bankruptcy;
g) The obligors may be adjudged to pay any deficiency which may remain after
applying all of said monies so applicable thereto unless the obligors were
discharged in bankruptcy;
h) Awarding the relief requested in the additional causes of action stated in the
complaint, if any;
i) Plaintiff shall have such other and further relief or both, in the Subject Property as
shall be just and equitable.
Dated: JUNE 17, 2021
New Rochelle, New York
McCABE, WEISBERG & CONWAY, LLC
By: _______________________________
DEANA CHELI, ESQ.
Attorneys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, NY 10801
914-636-8900
914-636-8901 facsimile
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SCHEDULE A
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INDEX NO.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
WELLS FARGO BANK, N.A., AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN
TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES,
PLAINTIFF,
-AGAINST-
MARK BARASCH,
ELLEN BARASCH A/K/A ELLEN CRAWFORD BARASCH A/K/A ELLEN CRAWFORD,
BANCO POPULAR NORTH AMERICA,
MARC VERZANI,
NEW YORK STATE TAX COMMISSIONER,
“JOHN DOE #1” through “JOHN DOE #12,” 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 Subject Property described in the Complaint,
DEFENDANTS.
SUMMONS & COMPLAINT
McCABE, WEISBERG & CONWAY, LLC
Attorneys for PLAINTIFF
145 Huguenot St., Suite 210
New Rochelle, NY 10801
914.636.8900
914.636.8901 facsimile
==========================================
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NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE
New York State Law requires that we provide you this
notice about the foreclosure process
WE, WELLS FARGO BANK, N.A., AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN
TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, ARE
THE FORECLOSING PARTY AND ARE LOCATED AT C/O PHH MORTGAGE
CORPORATION, 1 MORTGAGE WAY, MOUNT LAUREL, NEW JERSEY 08054. WE
CAN BE REACHED AT (800) 746-2936.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be entitled
to remain in occupancy for the remainder of your lease term. If you do not have
a lease, you will be entitled to remain in your home until ninety days after any
person or entity who acquires title to the property provides you with a notice as
required by section 1305 of the Real Property Actions and Proceedings Law. The
notice shall provide information regarding the name and address of the new
owner and your rights to remain in your home. These rights are in addition to
any others you may have if you are a subsidized tenant under federal, state or
local law or if you are a tenant subject to rent control, rent stabilization or a
federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE
PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND
LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING
FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-
CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF
PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE.
EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT
ORDER AND AFTER A FULL HEARING IN COURT.
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If you need further information, please call the New York State Department of
Financial Services’ toll-free helpline at 1-800-269-0990 or visit the Department's
website at http://www.dfs.ny.gov.
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Exh. 2
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MiGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtmi
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Exh. 3
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DÍAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETIClÓN
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACIÓN.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtm!
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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.
2004-OPT1, ASSET BACKED PASS-THROUGH
CERTIFICATES, AFFIDAVIT OF
NO RECEIPT OF
Plaintiff, HARDSHIP DECLARATION
-against-
MARK BARASCH, ELLEN BARASCH A/K/A
ELLEN CRAWFORD BARASCH A/K/A ELLEN
CRAWFORD, et al.,
Defendants.
STATE OF FLORIDA,
COUNTY OF HILLSBOROUGH) ss:
I, __AMANDA PETERSEN_, being duly sworn, says under penalty of perjury: that I am
over the age of eighteen years and I am not a party herein, that I reside in _HILLSBOROUGH_
County, that I am employed by McCabe, Weisberg & Conway, LLC, attorneys for Plaintiff, and
that, in compliance with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of
2020, a NOTICE TO MORTGAGOR and MORTGAGOR'S DECLARATION OF
COVID-19-RELATED HARDSHIP was properly served upon the Mortgagor(s) in the manner
described in the Affidavit of Service annexed hereto as Exhibit "A", but, upon information and
belief, neither the foreclosing party nor any agent of the foreclosing party has received a
Hardship Declaration from the Mortgagor.
A ANDA N
State of_ FLORIDA_}
County of_HILLSBOROUGH_} ss.
On the ]7 day of Jon 4 in the year M S I before me, _AMANDA
PETERSEN_, personally appeared, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, that by her signature on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument, and that such individual made such appearance before the undersigned
in the City-of TA PA, State of FLORIDA.
t(otary Sig re
'- Stacy Bartlett
NOTARY PUBLIC
STATE OF FLORIDA
, Comm# GG345867
Expires 6/17/2023
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06/25/2021
EXHIBIT A
EXHIBIT A
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NYSCEF DOC. NO. 37
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06/25/2021
LAW OFFICES
McCABE, WEISBERG & CONWAY, LLC
Melissa A. Sposato, NY Managing Attorney
NY ID 4098323
SUITE 210 SUITE 3C20
145 HUGUENOT STREET 1 HUNTINGTON QUADRANGLE
NEW ROCHELLE, NY 10801 MELVILLE, NY 11747
(914)-636-8900 (631) 812-4084
GENERAL FAX (914) 636-8901 FAX: (855) 845-2584
MEDIATION ONLY FAX (855) 427-
1278
March 26, 2021
Mark Barasch
39 Major Lockwood
Pound Ridge, New York 10576
Ellen Barasch
39 Major Lockwood
Pound Ridge, New York 10576
Re: Wells Fargo Bank, National Association, as Trustee for Citigroup Mortgage Loan
Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF WESTCHESTER ----------------------------------------------------------------X WELLS FARGO BANK, N.A., AS TRUSTEE FOR INDEX NO.: CITIGROUP MORTGAGE LOAN TRUST, DATE FILED: SERIES 2004-OPT1, ASSET BACKED PASS- THROUGH CERTIFICATES, SUMMONS Plaintiff, Plaintiff designates Westchester County as the Place of Trial -against- Designation of Venue is based upon MARK BARASCH, the situs of the Subject Property ELLEN BARASCH A/K/A ELLEN CRAWFORD BARASCH A/K/A ELLEN CRAWFORD, Subject Property: BANCO POPULAR NORTH AMERICA, 39 Major Lockwood a/k/a 39 Major MARC VERZANI, Lockwood Lane a/k/a 39 Major NEW YORK STATE TAX COMMISSIONER, Lockwood Spur “JOHN DOE #1” through “JOHN DOE #12,” the Pound Ridge, New York 10576 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 Subject Property described in the Complaint, Defendants. ----------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiff's Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until sixty (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. 1 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. McCABE, WEISBERG & CONWAY, LLC Dated: June 17, 2021 By: New Rochelle, NY DEANA CHELI, ESQ. Attorneys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, NY 10801 914-636-8900 914-636-8901 facsimile File # 560-1400 2 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 TO: Mark Barasch 39 Major Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur Pound Ridge, New York 10576 Ellen Barasch a/k/a Ellen Crawford Barasch a/k/a Ellen Crawford 39 Major Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur Pound Ridge, New York 10576 Banco Popular North America 120 Broadway, 16th Floor New York, New York 10271 Marc Verzani 11 Elena Drive Cortlandt Manor, New York 10567 New York State Tax Commissioner WA Harriman Campus, Building 9 Albany, New York 12227 "JOHN DOE NO. 1" through "JOHN DOE NO. 12" 39 Major Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur Pound Ridge, New York 10576 3 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------X WELLS FARGO BANK, N.A., AS TRUSTEE FOR INDEX NO.: CITIGROUP MORTGAGE LOAN TRUST, SERIES DATE FILED: 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, COMPLAINT Plaintiff, -against- MARK BARASCH, ELLEN BARASCH A/K/A ELLEN CRAWFORD BARASCH A/K/A ELLEN CRAWFORD, BANCO POPULAR NORTH AMERICA, MARC VERZANI, NEW YORK STATE TAX COMMISSIONER, “JOHN DOE #1” through “JOHN DOE #12,” 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 Subject Property described in the Complaint, Defendants. ----------------------------------------------------------------X The Complaint of the above-referenced Plaintiff, by its attorneys, McCabe, Weisberg & Conway, LLC, complains and alleges upon information and belief as follows: NATURE OF THIS ACTION 1. This action is brought and pursuant to Article 13 of the Real Property and Proceedings Law for foreclosure of the mortgage dated June 11, 2004 and recorded on October 20, 2004, at Control number 442380392 in the Public Records of the County of Westchester, State of New York (hereinafter referred to as the “Subject Mortgage”). The Mortgage Tax was duly paid. 4 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 2. The premises which forms the subject of this action is fully described in Schedule “A” attached hereto. PARTIES 3. At all times hereinafter mentioned, Plaintiff was and remains, organized and existing under the laws of the United States of America or of the State of its formation. 4. Upon information and belief, Defendant(s) Mark Barasch and Ellen Barasch, at all relevant times, maintain a residence within the State of New York and are the mortgagors pursuant to the Subject Mortgage. The description and interest of the above-referenced Defendant(s) is more fully set forth in Exhibit “B”, respectively. See RPAPL §§§ 1311, 1312, and 1313. 5. Upon information and belief, the remaining Defendant(s), if any and not further set forth hereinbelow, as identified in Schedule “C”, are named solely for the reasons set forth in Schedule “C”. See RPAPL §§§ 1311, 1312, and 1313. 6. Defendants “JOHN DOE #1” through “JOHN DOE #12” are additional persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property. See RPAPL §§§ 1311, 1312, and 1313. RELEVANT FACTS 7. On or about June 11, 2004, Mark Barasch and Ellen Barasch, duly executed, acknowledged, and delivered a note (hereinafter referred to as the “Subject Note”) wherein and whereby Mark Barasch and Ellen Barasch promised to repay the sum of $725,000.00 in monthly payments interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance as more fully set forth therein. Annexed hereto as Exhibit “A” is a copy of the Subject Note. 5 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 8. Plaintiff intends to cause a foreclosure action against the following mortgages: (1) Mortgage dated January 31, 2003 in the principal amount of $520,000.00 executed by defendants Mark Barasch and Ellen Barasch to Option One Mortgage Corporation and recorded in the office of the Clerk of Westchester County on May 27, 2003 in Control Number 431350249. Said mortgage was assigned from Option One Mortgage Corporation to H&R Block Mortgage Corporation by Gap Assignment of Mortgage dated June 30, 2009 and recorded in the office of the Clerk of Westchester on October 14, 2009 in Control number 492710356. (2) Mortgage dated June 11, 2004 in the principal amount of $211,197.42 executed by defendants Mark Barasch and Ellen Barasch to H&R Block Mortgage Corporation and recorded in the office of the Clerk of Westchester County on October 20, 2004 in Control Number 442380380. Said mortgages (1) and (2) were consolidated, extended, and modified to form a single lien in the amount of $725,000.00 by Consolidation Extension and Modification Agreement dated June 11, 2004 executed by defendants Mark Barasch and Ellen Barasch to H&R Block Mortgage Corporation and recorded in the office of the Clerk of Westchester County on October 20, 2004 in Control number 442380392. 9. Plaintiff, directly or through an agent maintains physical and/or constructive possession of the Subject Note, which Note is secured by the Subject Mortgage, and the Subject Note is made either payable to Plaintiff or is duly indorsed having been delivered to Plaintiff and/or such party having delegated authority to Plaintiff, prior to the commencement of the instant action. 6 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 10. On or about June 11, 2004, as collateral and to secure the repayment of the sum represented by the Subject Note, Mark Barasch and Ellen Barasch, duly executed, acknowledged and delivered the Subject Mortgage. 11. The Subject Mortgage secures the real property commonly known as 39 Major Lockwood a/k/a 39 Major Lockwood Lane a/k/a 39 Major Lockwood Spur, Pound Ridge, New York 10576 and by Section 21 Block 9816 Lot 93, together with all fixtures, appurtenances, and articles of personal property annexed thereto, installed therein, or used in connection with the in addition to all right, title, and interest of the Defendants in and to the land lying in the streets and roads in front of adjoining said Subject Property. Annexed hereto as Schedule “A” is a copy of the legal description. 12. Thereafter, the Subject Mortgage was transferred to Plaintiff via an Assignment of Mortgage, thereby memorializing delivery of the Subject Note as referenced hereinabove. 13. Now, as the owner and/or holder of the Subject Note and Subject Mortgage, or having been delegated the requisite authority to commence a mortgage foreclosure action by the owner and/or holder of the Subject Note and Mortgage, Plaintiff further complains and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 14. That Plaintiff repeats and realleges each and every allegation contained in paragraphs “1” through paragraphs “13” above with the same force and effect as if set forth at length herein. 15. That Mark Barasch and Ellen Barasch defaulted on their obligation having failed to comply with the conditions of the Subject Note by withholding the payment amount that became due on August 1, 2015, and plaintiff is entitled to enforce its security interest against 7 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 Mark Barasch and Ellen Barasch pursuant to the terms of the Subject Mortgage. As of June 17, 2021, said default has not been cured. There is now an unpaid principal balance of $699,904.30, plus interest, taxes, assessments, leasehold payments or ground rents (if any), together with hazard and mortgage insurance, if applicable, due and owing to Plaintiff. 16. That upon information and belief, Plaintiff has duly notified the Mortgagor(s) to the extent required by the underlying loan documents, however, Defendant(s) continued default remains uncured. 17. That Plaintiff has complied with those provisions of Real Property and Proceedings Law §§ 1304 and 1306 to the extent the instant circumstances require. 18. That by reason of the aforementioned default(s), Plaintiff hereby declares the balance of the principal indebtedness to be immediately due and owing. 19. That based upon the foregoing, there is now due and owing from the Borrower to the Plaintiff, the principal sum of $699,904.30 plus interest thereon from July 1, 2015, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff’s predecessor-in-interest on behalf of Mark Barasch and Ellen Barasch together with all costs, including but not limited to, attorneys’ fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee’s interest in the Subject Property. 20. That Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults 8 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 under the Subject Note and Mortgage, and occurring prior to the discontinuance of this action are fully paid. 21. That to protect its security afforded by the Subject Note and Mortgage, it may be necessary for the Plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the Subject Property, and any other charges for the protection of the Subject Property, and Plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the Plaintiff from the proceeds of the foreclosure sale herein. 22. That Plaintiff further alleges that all Defendant(s), including those not specifically identified as executors of the underlying loan documents, have or may claim to have, some interest in, or lien upon the Subject Property, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed herein. 23. That the sale of the Subject Property and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any 9 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. 24. That Plaintiff has complied with all provisions of Banking Law § 595(a) and any rules and regulations promulgated thereunder together with Banking Law §§ 6-l and 6-m. 25. That Plaintiff further alleges that no other proceedings have resulted in the collection of any part of the mortgaged debt or if any such action is pending, a final judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. WHEREFORE, Plaintiff respectfully requests this Court grant judgment in favor of Plaintiff and as against Defendants as follows: I. On its First Cause of Action: a) The Defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the Subject Property; b) Said Subject Property be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or 10 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. c) Said Subject Property may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; d) The monies arising from the sale may be brought into court; e) Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the costs and expenses of this action including reasonable attorneys’ fees so far as the amount of such monies properly applicable thereto will pay the same; 11 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 f) The plaintiff be decreed to be the owner of any and all personal property used in connection with the said Subject Property unless the obligors were discharged in bankruptcy; g) The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; h) Awarding the relief requested in the additional causes of action stated in the complaint, if any; i) Plaintiff shall have such other and further relief or both, in the Subject Property as shall be just and equitable. Dated: JUNE 17, 2021 New Rochelle, New York McCABE, WEISBERG & CONWAY, LLC By: _______________________________ DEANA CHELI, ESQ. Attorneys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, NY 10801 914-636-8900 914-636-8901 facsimile 12 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 SCHEDULE A 13 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 14 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 INDEX NO.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER WELLS FARGO BANK, N.A., AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, PLAINTIFF, -AGAINST- MARK BARASCH, ELLEN BARASCH A/K/A ELLEN CRAWFORD BARASCH A/K/A ELLEN CRAWFORD, BANCO POPULAR NORTH AMERICA, MARC VERZANI, NEW YORK STATE TAX COMMISSIONER, “JOHN DOE #1” through “JOHN DOE #12,” 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 Subject Property described in the Complaint, DEFENDANTS. SUMMONS & COMPLAINT McCABE, WEISBERG & CONWAY, LLC Attorneys for PLAINTIFF 145 Huguenot St., Suite 210 New Rochelle, NY 10801 914.636.8900 914.636.8901 facsimile ========================================== 15 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE New York State Law requires that we provide you this notice about the foreclosure process WE, WELLS FARGO BANK, N.A., AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, ARE THE FORECLOSING PARTY AND ARE LOCATED AT C/O PHH MORTGAGE CORPORATION, 1 MORTGAGE WAY, MOUNT LAUREL, NEW JERSEY 08054. WE CAN BE REACHED AT (800) 746-2936. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT- CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. 16 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 If you need further information, please call the New York State Department of Financial Services’ toll-free helpline at 1-800-269-0990 or visit the Department's website at http://www.dfs.ny.gov. 17 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 Exh. 2 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MiGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtmi 18 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 Exh. 3 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DÍAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETIClÓN POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACIÓN. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtmi https://www.nycourts.gov/courthelp/Homes/foreclosures.shtm! 19 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 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. 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, AFFIDAVIT OF NO RECEIPT OF Plaintiff, HARDSHIP DECLARATION -against- MARK BARASCH, ELLEN BARASCH A/K/A ELLEN CRAWFORD BARASCH A/K/A ELLEN CRAWFORD, et al., Defendants. STATE OF FLORIDA, COUNTY OF HILLSBOROUGH) ss: I, __AMANDA PETERSEN_, being duly sworn, says under penalty of perjury: that I am over the age of eighteen years and I am not a party herein, that I reside in _HILLSBOROUGH_ County, that I am employed by McCabe, Weisberg & Conway, LLC, attorneys for Plaintiff, and that, in compliance with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, a NOTICE TO MORTGAGOR and MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP was properly served upon the Mortgagor(s) in the manner described in the Affidavit of Service annexed hereto as Exhibit "A", but, upon information and belief, neither the foreclosing party nor any agent of the foreclosing party has received a Hardship Declaration from the Mortgagor. A ANDA N State of_ FLORIDA_} County of_HILLSBOROUGH_} ss. On the ]7 day of Jon 4 in the year M S I before me, _AMANDA PETERSEN_, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, that by her signature on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the City-of TA PA, State of FLORIDA. t(otary Sig re '- Stacy Bartlett NOTARY PUBLIC STATE OF FLORIDA , Comm# GG345867 Expires 6/17/2023 20 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 EXHIBIT A EXHIBIT A 21 of 32 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 06/25/2021 01:56 09:20 PM AM INDEX NO. 58675/2021 NYSCEF DOC. NO. 37 1 RECEIVED NYSCEF: 02/13/2023 06/25/2021 LAW OFFICES McCABE, WEISBERG & CONWAY, LLC Melissa A. Sposato, NY Managing Attorney NY ID 4098323 SUITE 210 SUITE 3C20 145 HUGUENOT STREET 1 HUNTINGTON QUADRANGLE NEW ROCHELLE, NY 10801 MELVILLE, NY 11747 (914)-636-8900 (631) 812-4084 GENERAL FAX (914) 636-8901 FAX: (855) 845-2584 MEDIATION ONLY FAX (855) 427- 1278 March 26, 2021 Mark Barasch 39 Major Lockwood Pound Ridge, New York 10576 Ellen Barasch 39 Major Lockwood Pound Ridge, New York 10576 Re: Wells Fargo Bank, National Association, as Trustee for Citigroup Mortgage Loan