Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023
NYSCEF Confirmation Notice
Westchester County Supreme Court
The NYSCEF website has received an electronic filing on 01/04/2023 09:31 AM. Please keep this notice
as a confirmation of this filing.
55567/2021
Mark Barasch et al v. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE
FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPTl, ASSET BACKED PASS-
THROUGH CERTIFICATES, SERIES 2004-OPT1 et al
Assigned Judge: David F Everett
Documents Received on 01/04/2023 09:31 AM
Doc # Document Type
311 NOTICE OF MOTION, Motion #8
312 MEMORANDUM OF LAW IN SUPPORT, Motion #8
313 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION, Motion #8
314 EXHIBIT(S) A, Motion #8
315 ORDER ( PROPOSED ), Motion #8
Filing User
Leah Nicole Jacob | jacobl@gtlaw.com
1 Vanderbilt Ave, New York, NY 10017
E-mail Notifications
An email regarding this filing has been sent to the following on 01/04/2023 09:31 AM:
Mark Barasch - markbarasch@gmail.com
JOHN E. GURA JR. - USANYS.2410@usa.doj.gov
LEAH N. JACOB - jacobl@gtlaw.com
ADAM R. MORELAND - amoreland@chuhak.com
RYAN SIRIANNI - ryan.sirianni@gtlaw.com
Marc Verzani - marc@verzani.com
Timothy C. Idoni - http://www.westchesterclerk.com
Email: e-file@westchestergov.com
NYSCEF Resource Center, nyscef@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 1 of 2
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023
NYSCEF Confirmation Notice
Westchester County Supreme Court
55567/2021
Mark Barasch et al v. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE
FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPTl, ASSET BACKED PASS-
THROUGH CERTIFICATES, SERIES 2004-OPT1 et al
Assigned Judge: David F Everett
Email Notifications NOT Sent
Role Party Attorney
Respondent NYS TAX COMMISSION No consent on record.
* Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined
consent.
Timothy C. Idoni - http://www.westchesterclerk.com
Email: e-file@westchestergov.com
NYSCEF Resource Center, nyscef@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 2 of 2
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _X Index No. 55567/2021
MARK BARASCH and ELLEN BARASCH
- against -
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, JUDGMENT
SERIES 2004-OPTl, ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-OPT1; BANCO POPULAR
NORTH AMERICA; MARC VERZANI; US INTERNAL
REVENUE SERVICE; NYS TAX COMMISSION
Defendants.
___________________________________X
This matter having been fully adjudicated by the Honorable David F. Everett, Justice of the
Supreme Court of the State of New York, as regards all defendants named herein, at the courthouse
located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York, and the Pro Se Plaintiffs
having appeared representing themselves, and defendants WELLS FARGO BANK NA, and BANCO
POPULAR having appeared by their respective counsels, Greenberg, Traurig LLP, and Chuhak,
Tecson PC, and the mortgage formerly held by defendant MARC VERZANI having been Satisfied by
repayment during the course of these proceedings, and defendants US INTERNAL REVENUE
SERVICE and NYS TAX COMMISSION having held now fully satisfied lien(s) against the subject
property at a prior time, and in its Order of August 2, 2022 the Court having granted Summary
Judgment to Plaintiffs as regards defendant WELLS FARGO BANK NA while instructing the County
Clerk to cancel and remove from the record the mortgage formerly held by such defendant, and in its
Order of December 13, 2022 the Court having granted Summary Judgment to Plaintiffs as regards
defendant Banco Popular while instructing the County Clerk to cancel and remove from the record the
mortgage formerly held by such defendant, thereby resolving the instant action as regards each and
every defendant and leaving no mortgages or debt instruments in place against the Subject Property;
NOW, it is ADJUDGED that as per the Decision/Order of the Honorable Justice David F.
Everett dated August 1, 2021 and entered August 4, 2022 granting Summary Judgment to
Plaintiffs as regards defendant WELLS FARGO BANK NA, Judgment is hereby entered on
behalf of, and granted to, Plaintiffs Mark Barasch and Ellen Barasch as regards defendant
WELLS FARGO BANK NA, and;
NOW, it is also ADJUDGED that as per the Decision/Order of the Honorable Justice David F.
Everett dated December 13, 2022 and entered December 23, 2022 granting Summary Judgment
to Plaintiffs as regards defendant BANCO POPULAR, Judgment is hereby entered on behalf of,
and granted to, Plaintiffs Mark Barasch and Ellen Barasch as regards defendant BANCO
POPULAR.
Judgment signed January ____, 2023
By:
______________________________
Name:
____________________________
Clerk of the Court
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-------------------------------------------------------------------------- X
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST,
SERIES 2004-OPTl, ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-OPT1
Plaintiff/Petitioner,
- against - Index No. 61855/2015
MARK BARASCH, ELLEN BARASCH, BANCO POPULAR NORTH
AMERICA, UNITED STATES OF AMERICA INTERNAL
REVENUE SERVICE, NYS TAX COMMISSION
Defendant/Respondent.
-------------------------------------------------------------------------- X
CERTIFICATE REQUESTING ENTRY OF JUDGMENT
IN ELECTRONICALLY-FILED CASE
To: The County Clerk, County of Westchester:
I, Mark Barasch, a Pro Se Plaintiff representing myself in the above-captioned electronically-filed
case, do hereby request that judgment be entered in this case against 1) defendant WELLS FARGO NA,
based upon the attached Orders of the Supreme Court of the State of New York which granted Summary
Judgment to Plaintiffs regarding defendant WELLS FARGO NA while cancelling the expired mortgage
formerly held by such defendant (Judgment Roll Items # 6, 7 & 8), and; 2) defendant BANCO POPULAR,
based upon the attached Order of the Supreme Court of the State of New York which granted Summary
Judgment to Plaintiffs regarding defendant BANCO POPULAR while cancelling the expired mortgage
formerly held by such defendant (Judgment Roll Item # 9). Pursuant to CPLR 5017 (a), I do hereby certify
that the following documents shall constitute the Judgment Roll for this Judgment. Each document is
identified by title of the paper, the date filed with the electronic filing system, and the number of the paper as
listed on the New York State Courts Electronic Filing ("NYSCEF") List of Papers Filed.
Number of Paper On
Title of Document NYSCEF List of Papers Date Filed
l) Summons No. 01 04/08/2021
2) Complaint No. 02 04/08/2021
3) Answer of Marc Verzani No. 61 08/01/2021
4) Answer of Wells Fargo NA No. 102 08/20/2021
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023
5) Decision and Order (Summary Judgment and Mortgage No. 234 11/08/2021
Expiration Order as regards defendant WELLS FARGO
NA)
No. 238 12/09/2021
6) Answer of Banco Popular
7) Decision and Order (Summary Judgment and Mortgage
Cancellation Order as regards defendant WELLS FARGO) No. 285 08/04/2022
NA)
8) Decision and Order (Mortgage Cancellation Order with
Control Numbers as regards defendant WELLS FARGO) No. 289 08/26/2022
NA)
9) Decision and Order (Summary Judgment and Mortgage No. 308 12/23/2022
Cancellation Order as regards defendant BANCO
POPULAR)
The documents listed above are available on the electronic
filing website and may be downloaded and printed as needed.
Dated: January 5, 2023
(Signature)
Mark Barasch
Pro Se Plaintiff
39 Major Lockwood Lane
Pound Ridge, NY 10576
(917) 882-3442
Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023 NYSCEF Confirmation Notice Westchester County Supreme Court The NYSCEF website has received an electronic filing on 01/04/2023 09:31 AM. Please keep this notice as a confirmation of this filing. 55567/2021 Mark Barasch et al v. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPTl, ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-OPT1 et al Assigned Judge: David F Everett Documents Received on 01/04/2023 09:31 AM Doc # Document Type 311 NOTICE OF MOTION, Motion #8 312 MEMORANDUM OF LAW IN SUPPORT, Motion #8 313 AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION, Motion #8 314 EXHIBIT(S) A, Motion #8 315 ORDER ( PROPOSED ), Motion #8 Filing User Leah Nicole Jacob | jacobl@gtlaw.com 1 Vanderbilt Ave, New York, NY 10017 E-mail Notifications An email regarding this filing has been sent to the following on 01/04/2023 09:31 AM: Mark Barasch - markbarasch@gmail.com JOHN E. GURA JR. - USANYS.2410@usa.doj.gov LEAH N. JACOB - jacobl@gtlaw.com ADAM R. MORELAND - amoreland@chuhak.com RYAN SIRIANNI - ryan.sirianni@gtlaw.com Marc Verzani - marc@verzani.com Timothy C. Idoni - http://www.westchesterclerk.com Email: e-file@westchestergov.com NYSCEF Resource Center, nyscef@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 1 of 2 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023 NYSCEF Confirmation Notice Westchester County Supreme Court 55567/2021 Mark Barasch et al v. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPTl, ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-OPT1 et al Assigned Judge: David F Everett Email Notifications NOT Sent Role Party Attorney Respondent NYS TAX COMMISSION No consent on record. * Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined consent. Timothy C. Idoni - http://www.westchesterclerk.com Email: e-file@westchestergov.com NYSCEF Resource Center, nyscef@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 2 of 2 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _X Index No. 55567/2021 MARK BARASCH and ELLEN BARASCH - against - WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, JUDGMENT SERIES 2004-OPTl, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-OPT1; BANCO POPULAR NORTH AMERICA; MARC VERZANI; US INTERNAL REVENUE SERVICE; NYS TAX COMMISSION Defendants. ___________________________________X This matter having been fully adjudicated by the Honorable David F. Everett, Justice of the Supreme Court of the State of New York, as regards all defendants named herein, at the courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York, and the Pro Se Plaintiffs having appeared representing themselves, and defendants WELLS FARGO BANK NA, and BANCO POPULAR having appeared by their respective counsels, Greenberg, Traurig LLP, and Chuhak, Tecson PC, and the mortgage formerly held by defendant MARC VERZANI having been Satisfied by repayment during the course of these proceedings, and defendants US INTERNAL REVENUE SERVICE and NYS TAX COMMISSION having held now fully satisfied lien(s) against the subject property at a prior time, and in its Order of August 2, 2022 the Court having granted Summary Judgment to Plaintiffs as regards defendant WELLS FARGO BANK NA while instructing the County Clerk to cancel and remove from the record the mortgage formerly held by such defendant, and in its Order of December 13, 2022 the Court having granted Summary Judgment to Plaintiffs as regards defendant Banco Popular while instructing the County Clerk to cancel and remove from the record the mortgage formerly held by such defendant, thereby resolving the instant action as regards each and every defendant and leaving no mortgages or debt instruments in place against the Subject Property; NOW, it is ADJUDGED that as per the Decision/Order of the Honorable Justice David F. Everett dated August 1, 2021 and entered August 4, 2022 granting Summary Judgment to Plaintiffs as regards defendant WELLS FARGO BANK NA, Judgment is hereby entered on behalf of, and granted to, Plaintiffs Mark Barasch and Ellen Barasch as regards defendant WELLS FARGO BANK NA, and; NOW, it is also ADJUDGED that as per the Decision/Order of the Honorable Justice David F. Everett dated December 13, 2022 and entered December 23, 2022 granting Summary Judgment to Plaintiffs as regards defendant BANCO POPULAR, Judgment is hereby entered on behalf of, and granted to, Plaintiffs Mark Barasch and Ellen Barasch as regards defendant BANCO POPULAR. Judgment signed January ____, 2023 By: ______________________________ Name: ____________________________ Clerk of the Court FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------------------------------------- X WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPTl, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-OPT1 Plaintiff/Petitioner, - against - Index No. 61855/2015 MARK BARASCH, ELLEN BARASCH, BANCO POPULAR NORTH AMERICA, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NYS TAX COMMISSION Defendant/Respondent. -------------------------------------------------------------------------- X CERTIFICATE REQUESTING ENTRY OF JUDGMENT IN ELECTRONICALLY-FILED CASE To: The County Clerk, County of Westchester: I, Mark Barasch, a Pro Se Plaintiff representing myself in the above-captioned electronically-filed case, do hereby request that judgment be entered in this case against 1) defendant WELLS FARGO NA, based upon the attached Orders of the Supreme Court of the State of New York which granted Summary Judgment to Plaintiffs regarding defendant WELLS FARGO NA while cancelling the expired mortgage formerly held by such defendant (Judgment Roll Items # 6, 7 & 8), and; 2) defendant BANCO POPULAR, based upon the attached Order of the Supreme Court of the State of New York which granted Summary Judgment to Plaintiffs regarding defendant BANCO POPULAR while cancelling the expired mortgage formerly held by such defendant (Judgment Roll Item # 9). Pursuant to CPLR 5017 (a), I do hereby certify that the following documents shall constitute the Judgment Roll for this Judgment. Each document is identified by title of the paper, the date filed with the electronic filing system, and the number of the paper as listed on the New York State Courts Electronic Filing ("NYSCEF") List of Papers Filed. Number of Paper On Title of Document NYSCEF List of Papers Date Filed l) Summons No. 01 04/08/2021 2) Complaint No. 02 04/08/2021 3) Answer of Marc Verzani No. 61 08/01/2021 4) Answer of Wells Fargo NA No. 102 08/20/2021 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 01:56 PM INDEX NO. 58675/2021 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/13/2023 5) Decision and Order (Summary Judgment and Mortgage No. 234 11/08/2021 Expiration Order as regards defendant WELLS FARGO NA) No. 238 12/09/2021 6) Answer of Banco Popular 7) Decision and Order (Summary Judgment and Mortgage Cancellation Order as regards defendant WELLS FARGO) No. 285 08/04/2022 NA) 8) Decision and Order (Mortgage Cancellation Order with Control Numbers as regards defendant WELLS FARGO) No. 289 08/26/2022 NA) 9) Decision and Order (Summary Judgment and Mortgage No. 308 12/23/2022 Cancellation Order as regards defendant BANCO POPULAR) The documents listed above are available on the electronic filing website and may be downloaded and printed as needed. Dated: January 5, 2023 (Signature) Mark Barasch Pro Se Plaintiff 39 Major Lockwood Lane Pound Ridge, NY 10576 (917) 882-3442