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  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
  • Caliber Home Loans, Inc. v. Sania S. Daniel, 17 Warner Ave Inc., Ashfaq Bhatti, People Of The State Of New York, James Webb UNKNOWN HEIRS of, United States Of America O/B/O IRS, Nassau County Clerk, John DoeReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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At an IAS Term of the Supreme Court of the State of New York held in and for the County of NASSAU at the Courthouse thereof at 100 Supreme Ct Dr, Mineola, NY 11501 on . PRESENT: Honorable Justice - - - - - - - - - -- - - - - - - - - - - x CALIBER HOME LOANS, INC., Index No.: 613093/2022 Plaintiff (s), vs SANIA S. DANIEL, 17 WARNER AVE INC., ORDER TO EXTEND TIME ASHFAQ BHATTI, PEOPLE OF THE STATE OF NEW TO SERVE SUMMONS NUNC YORK, UNKNOWN HEIRS OF JAMES WEBB if PRO TUNC, FOR SERVICE living, and if he/she be dead, any and all BY PUBLICATION AND persons unknown to plaintiff, claiming, APPOINTMENT OF or who may claim to have an interest in, GUARDIAN AD LITEM or general or specific lien upon the real property described in this action; such MORTGAGED PREMISES: unknown persons being herein generally 17 Warner Avenue, described and intended to be included in Hempstead, NY 11550 wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, Section: 34 administrators, devisees, legatees, Block: 273 creditors, trustees, committees, lienors , Lot: 252 and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assigns, all of whom and whose names , except as stated, are unknown to plaintiff, UNITED STATES OF AMERICA ON BEHALF OF THE IRS, NASSAU COUNTY CLERK, JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). UPON the Summons, Complaint and Notice of Pendency of action having a cause of action as specified in subdivision two at CPLR 314, heretofore filed herein in the Office of the Clerk of the County of NASSAU on September 29, 2022, for foreclosing a mortgage against specific real property within this County and the State of New York, and it appearing that there is a sufficient cause of action stated therein against the Defendants, SANIA S. DANIEL, who is a necessary party Defendants herein; and upon the annexed affirmation of Jason Brooks, Esq. dated September 19, 2023, and upon the Affidavit of Due Diligence of Cassandra Palmateer, copies of which are annexed, from which it appears that the Defendant SANIA S. DANIEL cannot be served personally within the State of New York, and Plaintiff having thereby made proof to the Court's satisfaction that the location of said Defendant or their personal representative cannot with due diligence be ascertained and that the Plaintiff has been and will be unable in the exercise of such due diligence to make personal service of the Summons herein or by any other prescribed method on said Defendant within the State; NOW, on motion of Leopold & Associates, PLLC, attorneys for the Plaintiff, it is hereby ORDERED, that the Plaintiff be and hereby is granted leave to issue, file and serve, where required, a Supplemental Summons, Amended Complaint and Amended Notice of Pendency of action to amend the name of defendant SANIA S. DANIEL to SANIA S. DANIEL, IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF, remove defendant UNKNOWN HEIRS OF JAMES WEBB IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF as a party Defendants and that the caption of this action is hereby amended to conform with caption, without prejudice to any of the proceedings heretofore had herein; and it is further; ORDERED, that service of the Supplemental Summons, Amended Complaint and Amended Notice of Pendency in this action upon the Defendant, SANIA S. DANIEL, IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF, be made by publication of said Supplemental Summons in two (2) newspapers, at least one in the English language, hereby designated as most likely to give notice to the said Defendant(s), viz: in the published in NASSAU County, State of New York and in the published in NASSAU County, State of New York, once in each week of four successive weeks, that the date of entry of this Order with the county clerk shall be and is hereby deemed to be the date of granting this Order for the purpose of compliance with CPLR § 316 (c); and it is further ORDERED, that the provision of CPLR 306-b is satisfied as long as publication is made pursuant to this Order and proof thereof filed within 120 days from the entry of this order; and it is further ORDERED, that the first publication commence within ninety (90) days of the entry of this order; and it is further ORDERED, that the Supplemental Summons and Amended Complaint herein be delivered on behalf of the said Defendant, who may be served herein by publication pursuant to this Order, to , counselor-at-law, with an address at , who is hereby authorized, empowered and designated to appear herein as Guardian Ad Litem and Military Attorney on behalf of any of the said Defendants, who may be absentees, infants or incompetents, or unknown successors in interest of Defendants who may be deceased, or Defendants who may be in military service, and to protect and defend interests of said Defendants in the action upon filing his acknowledged consent and qualify affidavit; and it is further ORDERED, that said Guardian Ad Litem and Military Attorney shall also act for said Defendants should they be in default or be in the military service of the United States of America, and is hereby authorized and appointed for the purpose of representing them and protecting their interest in this action pursuant to the provisions of Soldiers' Sailors' the and Civil Relief Act and Military Law of 1940, as supplemental, and the Military Laws of the State of New York; and it is further ORDERED, that with the first publication after the entry of this order it be made together with a notice to the Defendants, a brief statement of the nature of the action the relief sought, and the sum of money for which judgment may be taken in case of default, and a brief description of the property; and it is further ORDERED, that pursuant to the provisions of CPLR §306-b the Plaintiff's time in which to effect service of the supplemental summons and amended complaint is extended 120 days from the entry of the Order; and it is further ORDERED, that any appointee named herein shall comply with Rule 36 of the Chief Judge and Section 35-a of the Judiciary Law of the State of New York. ORDERED that NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING be substituted into the caption in the place and stead of Plaintiff, and, following such substitution, that the Clerk of the Court amend the docket and electronic docket accordingly; and it is further ORDERED that the name of the defendant SANIA S. DANIEL be amended to SANIA S. DANIEL, IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF; and it is further ORDERED, that ANGELINA FUN be substituted into the caption in the place and stead of JOHN DOE; and it is further ORDERED that the action be discontinued as against only UNKNOWN HEIRS OF JAMES WEBB IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF, as defendant is not a necessary party defendant; and it is further ORDERED that defendant UNKNOWN HEIRS OF JAMES WEBB IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS , DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF be removed as a party Defendant and all papers and proceedings heretofore filed herein shall be deemed amended accordingly; it is further ORDERED that the action be discontinued as against only NASSAU COUNTY CLERK, as defendant is not a necessary party defendant; and it is further ORDERED that defendant NASSAU COUNTY CLERK be removed as a party Defendant and all papers and proceedings heretofore filed herein shall be deemed amended accordingly; it is further ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO.: 613093/2022 SERVICING, Plaintiff (s) , -against- SANIA S. DANIEL, if living, and if he/she MORTGAGED PREMISES: be dead, any and all persons unknown to 17 Warner Avenue plaintiff, claiming, or who may claim to Hempstead, NY 11550 have an interest in, or general or specific lien upon the real property Section: 34 described in this action; such unknown Block: 273 persons being herein generally described Lot: 252 and intended to be included in wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assigns, all of whom and whose names, except as stated, are unknown to plaintiff, 17 WARNER AVE INC., ASHFAQ BHATTI, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA ON BEHALF OF THE IRS, ANGELINA FUN, Defendant(s). - - - - -