Preview
INDEX NO. 58675/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/03/2023
Supreme Court of the State of New York
County of Westchester
Wells Fargo Bank, NA et al
¥.
Index 58675/2021
Mark Barasch et al
Answer of Defendant Verzani
As and for his answer to the Complaint herein, the defendant Verzani respectfully
shows and alleges as follows:
Denies the knowledge and information sufficient to form a belief as to the truth of
the allegations of Paragraph(s) 2, 3, 6-11,13, 14-16,18-24 of the Complaint.
The allegations 1,4,5, 12, 17 of Paragraph(s) the Complaint calls for a legal
conclusion for which no answer is required.
Denies the allegations of Paragraph 25 of the Complaint.
As for the affirmative defenses
1. Plaintiff has no standing to bring this lawsuit given the prior two foreclosure
actions were dismissed
2. Plaintiff's counsel has failed to disclose to the Court that its Complaint in prior
action Wells Fargo v. Barasch, Index 15327/2019, (See Exhibit A, complaint only
without exhibits, attached hereto ) issue was joined when the Barasch Defendants filed
their Answer on October 22, 2009 (See Exhibit B, attached hereto), and the court
dismissed this matterxith prejudice on September 25, 2013 (See Exhibit C, attached
hereto +gfKubsequent litigation is frivolous and must be dismissed.
Mare Verzani
11 Elena Dg
CortlandManor NY 10567
914-643-7044
q(23(z/
1 of 8“
Wy
(FILED: WESTCHESTER COUNTY. CLERK 0870372023 Um - 56 . PM)
INDEX NO. 58675/2021
: wan
Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage
Loan Trust, Series 2004. OPTI, Asset Backed Pass-Through inex No, OO\- \92 Q)
Certificates, ——————
Plaintiff, Date Filed:
-against-
Mark Barasch; Ellen Barasch; Banco Popular North F, / L E
America, and "JOHN DOE #1" through "JOHN DOE #10",
the last ten names being fictitious and unknown to the JUL
Plaintiff, the person or parties intended being the person or Toy;
parties, if any, having or claiming an interest in or lien upon COUR OUN
the mortgaged premises described in the complaint, OF
Defendants.
PROPERTY ADDRESS: 39 Major Lockwood Lane, Pound Ridge, NY 10576
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 a notice of appearance on the attorneys for the Plaintiff within thirty
(30) days after the service of this summons, exclusive of the day of service. The United States of
America, if designated as a defendant in this action, may appear within sixty (60) days of service
hereof. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of
the above captioned action is to foreclose a Consolidation and/or Modified Mortgage (hereinafter
“the Mortgage”) to secure $728,411.33 and interest, covering premises known as 39 Major
Lockwood Lane, Pound Ridge, NY 10576.
Exhibit A
2 of 8INDEX NO. 58675/2021
C.n NO. 339 RREGEDWEDNWYGEEF : 00870272023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
MORTGAGE FORECLOSURE
Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage COMPLAINT
Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through
Certificates, Index No
Plaintiff, Date Filed:
-against-
Mark Barasch; Ellen Barasch; Banco Popular North
America, and "JOHN DOE #1" through "JOHN DOE #10", FI L ED
the last ten names being fictitious and unknown to the
Plaintiff, the person or parties intended being the person or
parties, if any, having or claiming an interest in or lien upon ,
the mortgaged premises described in the complaint, TIMOTHY c. ISONI
Cou!
Defendants. COUNTY OF Mes 7
JUL ~& 3209
The Plaintiff herein, by its Attorneys, Shapiro & DiCaro, LLP, complains of the
defendants above named, and for its cause of action, alleges:
First: That the Plaintiff herein, at all times hereinafter mentioned was and still is
a duly authorized Corporation or Association and having an office at 6501 Irvine Center
Dr, Irvine, California 92618.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants set forth in Schedule "A" reside or have a place of
business at the address set forth therein (any that are corporations being organized and existing
under the laws of the State set forth therein) and are made defendants in this action in the
capacities therein alleged and for the purpose of foreclosing and extinguishing any other right,
title or interest said defendants may have in the subject premises.
3 0f 8INDEX NO. 58675/2021
BRECEIVED NNESEEF : 06870472623
Third: That the United States of America, The People of the State of New York,
The State Tax Commission of the State of New York, the Industrial Commissioner of the State
of New York and all other agencies or instrumentalities of the Federal, State or local government
(by whatever name designated) if made parties to this action and if appearing in Schedule "B",
are made parties solely by reason of the material set forth in Schedule "B" and for no other
reason.
Fourth: That heretofore, the defendant(s), Mark Barasch and Ellen Barasch, for the
purpose of securing to American Home Mortgage Servicing, Inc., as servicing agent for the
Plaintiff, its successors and assigns, the sum of $728,411.33 duly made a certain bond, note,
consolidation, extension, modification, recasting, or assumption agreement, as the case may be,
wherein and whereby they bound themselves, their heirs, executors, administrators and assigns,
and each and every one of them, jointly and severally, in the amount of said sum of money, all as
more fully appears together with the terms of repayment of said sum or rights of the plaintiff in
said bond, note or other instrument, a copy of which is attached hereto and made a part hereof.
Fifth: That as security for the payment of said indebtedness, a consolidation,
extension and/or modification agreement was executed, acknowledged and delivered to
American Home Mortgage Servicing, Inc., as servicing agent for the Plaintiff wherein and
whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold
to the mortgagee, its successors and assigns, the premises more particularly described therein,
hereinafter called "mortgaged premises", under certain conditions with rights, duties and
privileges between or among them as more fully appears in said consolidation, extension and/or
modification agreement, a copy of which is attached hereto and made a part hereof. Said
Consolidation Extension Modification Agreement(hereinafter “the Mortgage”) consolidated the
4 of 8(ETLED: WESTCHESTER. COUNTY. CLERK 087372023 06:50 PM INDEX NO. 58675/2021
NNXSGEF BOC. yNO. 330 REGED VED \NYSGEF : 00840342023
SCHEDULE D
Those mortgages consolidated and/or modified:
The Mortgage given by Mark Barasch and Ellen Barasch to Option One Mortgage Corporation
to secure the sum of $520,000.00 dated January 31, 2003 and recorded on May 27, 2003 in
Control Number 431350249. Said Mortgage was then assigned to H&R Block Mortgage
Corporation by virtue of a GAP Assignment of Mortgage executed on June 30, 2009 to be
simultaneously recorded herewith. The Mortgage given by Mark Barasch and Ellen Barasch to
H&R Block Mortgage Corporation to secure the sum of $211,197.42 dated June 11, 2004 and
recorded on October 20, 2004 in Control Number 442380380. Said Mortgages were consolidated
by virtue of a Conosolidation Extension and Modification Agreement to form a single lien for
the amount of $725,000.00 dated, June 11, 2004 and recorded on October 20, 2004 in Control
Number 442380392, Said Mortgage was then assigned to Option One Mortgage Corporation, by
virtue of an Assignment of Mortgage executed on June 30, 2009 to be simultaneously recorded
herewith.
The above mortgage(s) were consolidated by virtue of the Consolidation Extension Modification
Agreement dated December 20, 2008.
The consolidated mortgage being foreclosed herein was conveyed to Plaintiff by virtue of a
transfer of the instant note and mortgage for valuable consideration. Said transfer was
memorialized by an Assignment of Mortgage dated June 30, 2009.
(09-079310)
5 of 8D INDEX NO. 58675/2021
RECEIVED NYSCEF: 08/03/2023
NYSCEF DOC. NO. 30
(FILED: WESTCHESTER COUNTY CLERK 08727/2015_ 06:05 PM INDEX NO, 61855/2015
RECEIVED NYSCEF: 08/27/2015
RECEIVED
OCT 22 2009
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER THROTHY C. ¢. ot
x coun OF WESTOMESTER
wns i Na Rane cast
ot Sa gn Ei cekede o Index No. O4-\ \s3 ZT
atta Kuuachg Rance Qrotel wil. ANSWER
red “ee Belt #4 aoe S Kon Ve JEIO
Defendant.
ow dha Lara cpt showy and sese as follows:
L123 of the complaint.
Admits the truth of the allegations of Paragraph(s)
af, Denies the knowledge or Hoyle sufficient Ng) form a belief as to the
truth of the my ot Paragraph(oh OS, Qe I le(we ssn 4 8
Sree the alle: lea s of Paragraph(s) of the complaint.
- Rese | flac 0 | Clu rls Beuclad dud Pipl nhs
aw an vale.
Questa 10S nok lomplele. Pare du = \b we. __miMong Kom
wee Comp\inndt —y cate pity perlenon Co ye
—wauede wel Pave wah mabe es WM sane
VW
AFFIRMATIVE DEFENSES
Lane bay lot Awe 1g: 22 _
Exhibit B
6 of 8INDEX NO. 58675/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/03/2023
WHEREFORE, defendant prays that his Court dismiss the complaint of the
plaintiff herein, with costs and disbursements to defendant, together with any other relief the
Court finds to be just and proper.
Dated: Aozel of _
LA Spill —_—
Signature
tee Racasa lel Bua,
Print Name
Muck. Bae asc (Qo 6)
ELLEN SRWe Sc
Defendant
7 of 8To commence the statutory .
time for appeals as of right FILED
(CPLR 5513[a]), you are AND
advised to serve a copy
of this order, with notice ENTERED
of entry, upon all parties.
on 9-ab-2 013
WESTCHESTER
COUNTY CLERK
SUPREME COURT OF THE STATE OF NEW YORK \
COUNTY OF WESTCHESTER \
PRESENT: HON. MLLIBN J. GIACOMO, J.S.C. eILeED \
\
Wells Fargo Bank, NA geY 2,6 a
Plaintiff(s), Index No._ 15327/2009 cyst eg
Guultt qorwe
-against- SHORT FORM
DECISION & ORDER
Mark Barasch :
Defendant(s).
= aa meen ae
Letters were mailed out June 26/27, 2013 requesting that this matter proceed or it will
be dismissed. To date the Court has received no response.
This case is dismissed for failure to prosecute.
This constitutes the Decision and Order of the Court. Counsel must contact the Court Reporter
listed below for a copy of the Decision and Order issued from the bench.
Court Reporter: Howard Breshin
914) 824-5772
Dated: White Plains, New York
September 25, 2013
Shapiro DiCaro & Barak
250 Mile Crossing Blvd. - Suite 1
Rochester, New York 14624
Exhibit C
8 of 8
Preview
INDEX NO. 58675/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/03/2023 Supreme Court of the State of New York County of Westchester Wells Fargo Bank, NA et al ¥. Index 58675/2021 Mark Barasch et al Answer of Defendant Verzani As and for his answer to the Complaint herein, the defendant Verzani respectfully shows and alleges as follows: Denies the knowledge and information sufficient to form a belief as to the truth of the allegations of Paragraph(s) 2, 3, 6-11,13, 14-16,18-24 of the Complaint. The allegations 1,4,5, 12, 17 of Paragraph(s) the Complaint calls for a legal conclusion for which no answer is required. Denies the allegations of Paragraph 25 of the Complaint. As for the affirmative defenses 1. Plaintiff has no standing to bring this lawsuit given the prior two foreclosure actions were dismissed 2. Plaintiff's counsel has failed to disclose to the Court that its Complaint in prior action Wells Fargo v. Barasch, Index 15327/2019, (See Exhibit A, complaint only without exhibits, attached hereto ) issue was joined when the Barasch Defendants filed their Answer on October 22, 2009 (See Exhibit B, attached hereto), and the court dismissed this matterxith prejudice on September 25, 2013 (See Exhibit C, attached hereto +gfKubsequent litigation is frivolous and must be dismissed. Mare Verzani 11 Elena Dg CortlandManor NY 10567 914-643-7044 q(23(z/ 1 of 8“ Wy (FILED: WESTCHESTER COUNTY. CLERK 0870372023 Um - 56 . PM) INDEX NO. 58675/2021 : wan Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2004. OPTI, Asset Backed Pass-Through inex No, OO\- \92 Q) Certificates, —————— Plaintiff, Date Filed: -against- Mark Barasch; Ellen Barasch; Banco Popular North F, / L E America, and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the JUL Plaintiff, the person or parties intended being the person or Toy; parties, if any, having or claiming an interest in or lien upon COUR OUN the mortgaged premises described in the complaint, OF Defendants. PROPERTY ADDRESS: 39 Major Lockwood Lane, Pound Ridge, NY 10576 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 a notice of appearance on the attorneys for the Plaintiff within thirty (30) days after the service of this summons, exclusive of the day of service. The United States of America, if designated as a defendant in this action, may appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above captioned action is to foreclose a Consolidation and/or Modified Mortgage (hereinafter “the Mortgage”) to secure $728,411.33 and interest, covering premises known as 39 Major Lockwood Lane, Pound Ridge, NY 10576. Exhibit A 2 of 8INDEX NO. 58675/2021 C.n NO. 339 RREGEDWEDNWYGEEF : 00870272023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER MORTGAGE FORECLOSURE Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage COMPLAINT Loan Trust, Series 2004-OPT1, Asset Backed Pass-Through Certificates, Index No Plaintiff, Date Filed: -against- Mark Barasch; Ellen Barasch; Banco Popular North America, and "JOHN DOE #1" through "JOHN DOE #10", FI L ED the last ten names being fictitious and unknown to the Plaintiff, the person or parties intended being the person or parties, if any, having or claiming an interest in or lien upon , the mortgaged premises described in the complaint, TIMOTHY c. ISONI Cou! Defendants. COUNTY OF Mes 7 JUL ~& 3209 The Plaintiff herein, by its Attorneys, Shapiro & DiCaro, LLP, complains of the defendants above named, and for its cause of action, alleges: First: That the Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized Corporation or Association and having an office at 6501 Irvine Center Dr, Irvine, California 92618. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants set forth in Schedule "A" reside or have a place of business at the address set forth therein (any that are corporations being organized and existing under the laws of the State set forth therein) and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. 3 0f 8INDEX NO. 58675/2021 BRECEIVED NNESEEF : 06870472623 Third: That the United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", are made parties solely by reason of the material set forth in Schedule "B" and for no other reason. Fourth: That heretofore, the defendant(s), Mark Barasch and Ellen Barasch, for the purpose of securing to American Home Mortgage Servicing, Inc., as servicing agent for the Plaintiff, its successors and assigns, the sum of $728,411.33 duly made a certain bond, note, consolidation, extension, modification, recasting, or assumption agreement, as the case may be, wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of the plaintiff in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: That as security for the payment of said indebtedness, a consolidation, extension and/or modification agreement was executed, acknowledged and delivered to American Home Mortgage Servicing, Inc., as servicing agent for the Plaintiff wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said consolidation, extension and/or modification agreement, a copy of which is attached hereto and made a part hereof. Said Consolidation Extension Modification Agreement(hereinafter “the Mortgage”) consolidated the 4 of 8(ETLED: WESTCHESTER. COUNTY. CLERK 087372023 06:50 PM INDEX NO. 58675/2021 NNXSGEF BOC. yNO. 330 REGED VED \NYSGEF : 00840342023 SCHEDULE D Those mortgages consolidated and/or modified: The Mortgage given by Mark Barasch and Ellen Barasch to Option One Mortgage Corporation to secure the sum of $520,000.00 dated January 31, 2003 and recorded on May 27, 2003 in Control Number 431350249. Said Mortgage was then assigned to H&R Block Mortgage Corporation by virtue of a GAP Assignment of Mortgage executed on June 30, 2009 to be simultaneously recorded herewith. The Mortgage given by Mark Barasch and Ellen Barasch to H&R Block Mortgage Corporation to secure the sum of $211,197.42 dated June 11, 2004 and recorded on October 20, 2004 in Control Number 442380380. Said Mortgages were consolidated by virtue of a Conosolidation Extension and Modification Agreement to form a single lien for the amount of $725,000.00 dated, June 11, 2004 and recorded on October 20, 2004 in Control Number 442380392, Said Mortgage was then assigned to Option One Mortgage Corporation, by virtue of an Assignment of Mortgage executed on June 30, 2009 to be simultaneously recorded herewith. The above mortgage(s) were consolidated by virtue of the Consolidation Extension Modification Agreement dated December 20, 2008. The consolidated mortgage being foreclosed herein was conveyed to Plaintiff by virtue of a transfer of the instant note and mortgage for valuable consideration. Said transfer was memorialized by an Assignment of Mortgage dated June 30, 2009. (09-079310) 5 of 8D INDEX NO. 58675/2021 RECEIVED NYSCEF: 08/03/2023 NYSCEF DOC. NO. 30 (FILED: WESTCHESTER COUNTY CLERK 08727/2015_ 06:05 PM INDEX NO, 61855/2015 RECEIVED NYSCEF: 08/27/2015 RECEIVED OCT 22 2009 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER THROTHY C. ¢. ot x coun OF WESTOMESTER wns i Na Rane cast ot Sa gn Ei cekede o Index No. O4-\ \s3 ZT atta Kuuachg Rance Qrotel wil. ANSWER red “ee Belt #4 aoe S Kon Ve JEIO Defendant. ow dha Lara cpt showy and sese as follows: L123 of the complaint. Admits the truth of the allegations of Paragraph(s) af, Denies the knowledge or Hoyle sufficient Ng) form a belief as to the truth of the my ot Paragraph(oh OS, Qe I le(we ssn 4 8 Sree the alle: lea s of Paragraph(s) of the complaint. - Rese | flac 0 | Clu rls Beuclad dud Pipl nhs aw an vale. Questa 10S nok lomplele. Pare du = \b we. __miMong Kom wee Comp\inndt —y cate pity perlenon Co ye —wauede wel Pave wah mabe es WM sane VW AFFIRMATIVE DEFENSES Lane bay lot Awe 1g: 22 _ Exhibit B 6 of 8INDEX NO. 58675/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/03/2023 WHEREFORE, defendant prays that his Court dismiss the complaint of the plaintiff herein, with costs and disbursements to defendant, together with any other relief the Court finds to be just and proper. Dated: Aozel of _ LA Spill —_— Signature tee Racasa lel Bua, Print Name Muck. Bae asc (Qo 6) ELLEN SRWe Sc Defendant 7 of 8To commence the statutory . time for appeals as of right FILED (CPLR 5513[a]), you are AND advised to serve a copy of this order, with notice ENTERED of entry, upon all parties. on 9-ab-2 013 WESTCHESTER COUNTY CLERK SUPREME COURT OF THE STATE OF NEW YORK \ COUNTY OF WESTCHESTER \ PRESENT: HON. MLLIBN J. GIACOMO, J.S.C. eILeED \ \ Wells Fargo Bank, NA geY 2,6 a Plaintiff(s), Index No._ 15327/2009 cyst eg Guultt qorwe -against- SHORT FORM DECISION & ORDER Mark Barasch : Defendant(s). = aa meen ae Letters were mailed out June 26/27, 2013 requesting that this matter proceed or it will be dismissed. To date the Court has received no response. This case is dismissed for failure to prosecute. This constitutes the Decision and Order of the Court. Counsel must contact the Court Reporter listed below for a copy of the Decision and Order issued from the bench. Court Reporter: Howard Breshin 914) 824-5772 Dated: White Plains, New York September 25, 2013 Shapiro DiCaro & Barak 250 Mile Crossing Blvd. - Suite 1 Rochester, New York 14624 Exhibit C 8 of 8