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FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/26/2022 01:56
04:23 PM INDEX NO. 58675/2021
55567/2021
( ..
NYSCEF DOC. NO. 53
289 RECEIVED NYSCEF: 02/13/2023
08/26/2022
.i~'IAS Part rAS o~the Supreme Court of
the State of New York, held in and for the
County of Westchester at the Courthouse .
thereof located at 111 Dr. Martin Luther Kmg
Jr. Blvd., on the ~day of AII~lJ.sf, 2022.
PRESENT:
Honorable David F. Everett
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
---------------------------------------------------------------- )(
MARK BARASCH AND ELLEN BARASCH, Index No. 55567/2021
Plaintiffs, -','
ORDER
Motion Sequence #5
-against-
WELLS FARGO BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN
TRUST, SERIES 2004-0PTI, ASSET BACKED PASS-
THROUGH CERTIFICATES, SERIES 2004-0PTl;
BANCO POPULAR NORTH AMERICA; MARC
VERZANI; US INTERNAL REVENUE SERVICE;
NYS TA)( COMMISSION,
Defendants
----------------------------~----------------------------~----~- )(
As this Court issued a prior Order on August 1, 2022 (Order, Everett, J., August] , 2022,
"The Mortgage Cancellation Order", NYSCEF Docket # 285), instructing the
WestchesterCounty Clerk's office to cancel and remove from the record that certain
Consolidated Mortgage that was previously held by Wells Fargo Bank, National
Association, As Trustee For Citigroup Mortgage Loan Trust, Series 2004-0ptl, Asset
Backed Pass-Through Certificates, Series 2004-0ptl (the Wells Fargo Mortgage), based
on the fact that such mortgage had been previously found to have expired and become
unenforceable as per the expiration Statute of Limitations (Order, Everett, J., December
9,202], the "Summary Judgment Order", NYSCEF Docket # 234), and;
1 of 2
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/26/2022 01:56
04:23 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 53
289 RECEIVED NYSCEF: 02/13/2023
08/26/2022
Upon the understanding that in order to carry out the instructions contained within the
Mortgage Cancellation Order by cancelling and removing from the record the Fargo
Mortgage while simultaneously cancelling and removing the four therewith associated
Notices of Pendency (as described within the Mortgage Cancellation Order), the Land
Records office of the Westchester County Clerk requires, along with such instructions,
the inclusion of the Control Numbers associated with such Mortgage and the mortgages
that were consolidated to create such mortgage within an Order of the Court, and;
Upon confirming that the following Control #'s are those of the aforementioned
mortgagees):
1. 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;
2. Mortgage~entered into 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;
3. Said Mortgages were consolidated by virtue of a Consolidation 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,
It is hereby
ORDERED that the Westchester County Clerk is directep to cancel and discharge the record of
the Wells Fargo Mortgage and associated note previously held by defendant Wells Fargo Bank,
National Association, As Trustee for Citigroup Mortgage Loan Trust, Series 2004-0PTl, Asset
Backed Pass-Through Certificates, Series 2004-0PTI (Wells Fargo), removing all liens against
the property; and to remove and vacate the four Notices of Pendency, including the first Notice
of Pendency 15327/2009; July 8,2009; the additional Notice of Pendency 15327/2009; July 19,
2013; the third Notice of Pendency 61855-2015; July 7, 20]5; and the fourth Notice of Pendency
58675/202] ; June 25, 202], that have been filed by Wells Fargo against the property and that
relate to the aforementioned and expired Wells Fargo mortgage (such mortgage having been
associated with Control #'s 431350249; 442380380; and 442380392.
This constitutes the order of the Court,
DATED: A LJ~ v s-r 2 G ,;;"0;).2.-
ENTE~
. ~ .. '
~J\r. ~J.s:c .
HON. DAVID F. EVERE1'T
I.S.C. '
2 of 2
Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/26/2022 01:56 04:23 PM INDEX NO. 58675/2021 55567/2021 ( .. NYSCEF DOC. NO. 53 289 RECEIVED NYSCEF: 02/13/2023 08/26/2022 .i~'IAS Part rAS o~the Supreme Court of the State of New York, held in and for the County of Westchester at the Courthouse . thereof located at 111 Dr. Martin Luther Kmg Jr. Blvd., on the ~day of AII~lJ.sf, 2022. PRESENT: Honorable David F. Everett J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------- )( MARK BARASCH AND ELLEN BARASCH, Index No. 55567/2021 Plaintiffs, -',' ORDER Motion Sequence #5 -against- WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-0PTI, ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-0PTl; BANCO POPULAR NORTH AMERICA; MARC VERZANI; US INTERNAL REVENUE SERVICE; NYS TA)( COMMISSION, Defendants ----------------------------~----------------------------~----~- )( As this Court issued a prior Order on August 1, 2022 (Order, Everett, J., August] , 2022, "The Mortgage Cancellation Order", NYSCEF Docket # 285), instructing the WestchesterCounty Clerk's office to cancel and remove from the record that certain Consolidated Mortgage that was previously held by Wells Fargo Bank, National Association, As Trustee For Citigroup Mortgage Loan Trust, Series 2004-0ptl, Asset Backed Pass-Through Certificates, Series 2004-0ptl (the Wells Fargo Mortgage), based on the fact that such mortgage had been previously found to have expired and become unenforceable as per the expiration Statute of Limitations (Order, Everett, J., December 9,202], the "Summary Judgment Order", NYSCEF Docket # 234), and; 1 of 2 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/26/2022 01:56 04:23 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 53 289 RECEIVED NYSCEF: 02/13/2023 08/26/2022 Upon the understanding that in order to carry out the instructions contained within the Mortgage Cancellation Order by cancelling and removing from the record the Fargo Mortgage while simultaneously cancelling and removing the four therewith associated Notices of Pendency (as described within the Mortgage Cancellation Order), the Land Records office of the Westchester County Clerk requires, along with such instructions, the inclusion of the Control Numbers associated with such Mortgage and the mortgages that were consolidated to create such mortgage within an Order of the Court, and; Upon confirming that the following Control #'s are those of the aforementioned mortgagees): 1. 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; 2. Mortgage~entered into 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; 3. Said Mortgages were consolidated by virtue of a Consolidation 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, It is hereby ORDERED that the Westchester County Clerk is directep to cancel and discharge the record of the Wells Fargo Mortgage and associated note previously held by defendant Wells Fargo Bank, National Association, As Trustee for Citigroup Mortgage Loan Trust, Series 2004-0PTl, Asset Backed Pass-Through Certificates, Series 2004-0PTI (Wells Fargo), removing all liens against the property; and to remove and vacate the four Notices of Pendency, including the first Notice of Pendency 15327/2009; July 8,2009; the additional Notice of Pendency 15327/2009; July 19, 2013; the third Notice of Pendency 61855-2015; July 7, 20]5; and the fourth Notice of Pendency 58675/202] ; June 25, 202], that have been filed by Wells Fargo against the property and that relate to the aforementioned and expired Wells Fargo mortgage (such mortgage having been associated with Control #'s 431350249; 442380380; and 442380392. This constitutes the order of the Court, DATED: A LJ~ v s-r 2 G ,;;"0;).2.- ENTE~ . ~ .. ' ~J\r. ~J.s:c . HON. DAVID F. EVERE1'T I.S.C. ' 2 of 2