Preview
FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
-------------------------------------------x INDEX NO:
U.S. BANK TRUST NATIONAL ASSOCIATION, D/O/F:
NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY
AS OWNER TRUSTEE FOR LEGACY MORTGAGE
NOTICE OF PENDENCY
ASSET TRUST 2021-GS1,
Plaintiff,
Premises Address:
-against- 802 Fifth Avenue, Troy, NY
5th
12182 a/k/a 805 Avenue,
JOHN H. CARLO III A/K/A JOHN CARLO A/K/A Troy, NY 12182
JOHN CARLO, III A/K/A JOHN H. CARLO A/K/A
JOHN L CARLO III A/K/A JOHN I. CARLO, Mortgage Servicer:
SAMARITAN HOSPITAL; Select Portfolio Servicing, Inc.,
Mortgage Servicer Phone #:
DOES"
"JOHN and "JANE DOES", said names being 1-800-258-8602
fictitious, parties intended being possible tenants or
occupants of premises, and corporations, other entities or
persons who claim, or may claim, a lien against the
premises,
Defendant(s).
__________________________________________Ç
NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in this
Court upon a complaint of the above named plaintiff against the above named defendants for the
foreclosure of a certain mortgage executed by JOHN H. CARLO, III and delivered to
AMERIQUEST MORTGAGE COMPANY bearing date January 16, 2003 and recorded on March
21, 2003 in Instrument ID#: 2003-00111778; Book: 412, Page: 1732 in the Office of the Clerk of
the County of RENSSELAER. Thereafter, said mortgage was assigned from AMERIQUEST
MORTGAGE COMPANY to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE by an assignment of mortgage dated February 3, 2003 and recorded on February 17,
, 2004 in Document #: Book: Page: and foreclosure of a certain re-
2004-00149642; 1013, 312,
recorded mortgage to include the adjustable rate rider was executed by JOHN H. CARLO, III and
delivered to AMERIQUEST MORTGAGE COMPANY bearing date January 16, 2003 and
recorded on April 8, 2004 in Documents #: 2004-00155343; Book: 1116, Page: 80 in the Office
of the Clerk of the County of RENSSELAER. Subsequently, said mortgage was modified by loan
modification dated March 8, 2004 and recorded on June 22, 2004 in Document # 2004-00163219;
Book: 1253, Page: 251. Thereafter, said mortgage was assigned from DEUTSCHE BANK
NATIONAL TRUST COMPANY, AS TRUSTEE to DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE, FOR ASSET-BACKED PASS-THROUGH CERTIFICATES,
SERIES 2003-4 by a gap assignment of mortgage dated August 5, 2015 and recorded on September
16, 2015 in Document #: 2015-00481809; Book: VI-7597, Page: 106. Thereafter, said mortgage
was assigned from DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, FOR
ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-4 to J P MORGAN
MORTGAGE ACQUISITION CORP., by an assignment of mortgage dated April 25, 2007 and
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FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023
Said premises are commonly known as 802 Fifth Avenue, Troy, NY 12182 a/k/a 805 5th
Avenue, Troy, NY 12182 bearing tax map designation: Section: 80.33, Block: 6, Lot: 15
The Clerk of the County of RENSSELAER is directed to index this against to the names
of the defendants and the property identified abñe.
/'
Dated: /O & )3 /
andy J. Stolar, Esq.
MARGOLIN, WEINREB & NIERER, LLP
ATTORNEYS FOR PLAINTIFF
165 Eileen Way, Suite 101
Syosset, New York 11791
516-921-3838
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FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
Title No.:
ALL that certain piece or parcel of land lying, situate and being in the Village ofLansingburgh, Now City of Troy, County
ofRensselaer and State ofNew York, and known and distinguished on a map or chart thereofmade by L.D. Eddy as Lot
No. 119; in the fourth division of said village and bounded on the north by Lot No. 180, on the east by an alley 20.00 feet
wide; on the south by Lot No. 178; and on the west by Fifth Avenue, (formerly Pitt Street) being in width front and rear,
50.00 feet and in depth on each side 120.00 feet.
!
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FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023
recorded on November 2, 2011 in Document #: 2011-00396337; Book: VI-6077, Page: 217.
Thereafter, said mortgage was assigned from J.P. MORGAN MORTGAGE ACQUISITION
CORP. to EMC MORTGAGE LLC F/K/A EMC MORTGAGE CORPORATION by a gap
assignment of mortgage dated March 8, 2019 and recorded on March 15, 2019 in Document #:
2019-548456; Book: VI-8782, Page: 27. Thereafter, said mortgage was assigned from EMC
MORTGAGE LLC F/K/A EMC MORTGAGE CORPORATION, AS ATTORNEY IN FACT
FOR AMERIQUEST MORTGAGE COMPANY to DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE by an assignment of mortgage dated October 7, 2011 and recorded
on November 16, 2011 in Document #: 2011-00397348; Book: VI-6093, Page: 133. Thereafter,
said mortgage was assigned from DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE to JP MORGAN CHASE BANK, N.A. A/I/F FOR JP MORGAN MORTGAGE
ACQUISITION CORP. by a gap assignment of mortgage dated July 29, 2019 and recorded on
August 5, 2019 in Document #: 2019-555105; Book: 8906, Page: 202. Thereafter, said mortgage
was assigned from JPMORGAN CHASE BANK, N.A. A/I/F FOR J.P. MORGAN MORTGAGE
ACQUISITION CORP. to CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS
FUND SOCIETY, FSB, AS TRUSTEE FOR NORMANDY MORTGAGE LOAN TRUST,
SERIES 2013-10 by an assignment of mortgage dated November 27, 2013 and recorded on
December 4, 2013 in Document #: 2013-00447295; Book: VI-7015, Page: 7. Thereafter, said
mortgage was assigned from CHRISTIANA TRUST, A DIVISION OF WILMINGTON
SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR NORMANDY MORTGAGE LOAN
TRUST, SERIES 2013-10 to SERIES 1 OF NORMANDY MORTGAGE DEPOSITOR
COMPANY, LLC by an assignment of mortgage dated March 14, 2019 and recorded on August
5, 2019 in Document #: 2019-555107; Book: 8906, Page: 213. Thereafter, said mortgage was
assigned from SERIES 1 OF NORMANDY MORTGAGE DEPOSITOR COMPANY, LLC to
WILMINGTON SAVINGS FUND SOCIETY, FSB DBA CHRISTINA TRUST, AS TRUSTEE
FORNORMANDY MORTGAGE LOAN TRUST, SERIES 2017-1 by an assignment ofmortgage
dated March 14, 2019 and recorded on August 5, 2019 in Document #: 2019-555108; Book: 8906,
Page: 217. Thereafter, said mortgage was assigned from WILMINGTON SAVINGS FUND
SOCIETY, FSB DBA CHRISTINA TRUST, AS TRUSTEE FOR NORMANDY MORTGAGE
LOAN TRUST, SERIES 2017-1 to NORMANDY MORTGAGE ACQUISITION COMPANY,
LLC by an assignment of mortgage dated June 28, 2019 and recorded on August 5, 2019 in
Document #: 2019-555109; Book: 8906, Page: 221. Thereafter, said mortgage was assigned from
NORMANDY MORTGAGE ACQUISITION COMPANY, LLC to GOLDMAN SACHS
MORTGAGE COMPANY by an assignment of mortgage dated July 20, 2022 and recorded on
October 7, 2022 in Document #: 2022-618033; Book: 10203, Page: 263. Thereafter, said mortgage
was assigned from GOLDMAN SACHS MORTGAGE COMPANY to PLAINTIFF by an
assignment of mortgage dated June 14, 2023 and recorded on June 23, 2023 in Document #: 2023-
628920; Book: 10416, Page: 55.
That the mortgaged premises affected by said foreclosure action are situate in the County
A"
of RENSSELAER State of New York and more specifically described in "Schedule annexed
hereto and made a part hereof.
[SPACE INTENTIONALLY LEFT BLANK]
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FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
-----------------------------------------------------------------------------
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN
ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST
2021-GS1,
Plaintiff,
-against-
JOHN H. CARLO III, et. al.,
Defendants.
---------------------------------------------------------------------------
NOTICE OF PENDENCY OF ACTION
MARGOLIN, WE1NREB & NIERER, LLP
Attorneys for Plaintiff
165 Eileen Way, Suite 101
Syosset, New York 11791
516-921-3838
5 of 5
Preview
FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER -------------------------------------------x INDEX NO: U.S. BANK TRUST NATIONAL ASSOCIATION, D/O/F: NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE NOTICE OF PENDENCY ASSET TRUST 2021-GS1, Plaintiff, Premises Address: -against- 802 Fifth Avenue, Troy, NY 5th 12182 a/k/a 805 Avenue, JOHN H. CARLO III A/K/A JOHN CARLO A/K/A Troy, NY 12182 JOHN CARLO, III A/K/A JOHN H. CARLO A/K/A JOHN L CARLO III A/K/A JOHN I. CARLO, Mortgage Servicer: SAMARITAN HOSPITAL; Select Portfolio Servicing, Inc., Mortgage Servicer Phone #: DOES" "JOHN and "JANE DOES", said names being 1-800-258-8602 fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendant(s). __________________________________________Ç NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in this Court upon a complaint of the above named plaintiff against the above named defendants for the foreclosure of a certain mortgage executed by JOHN H. CARLO, III and delivered to AMERIQUEST MORTGAGE COMPANY bearing date January 16, 2003 and recorded on March 21, 2003 in Instrument ID#: 2003-00111778; Book: 412, Page: 1732 in the Office of the Clerk of the County of RENSSELAER. Thereafter, said mortgage was assigned from AMERIQUEST MORTGAGE COMPANY to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE by an assignment of mortgage dated February 3, 2003 and recorded on February 17, , 2004 in Document #: Book: Page: and foreclosure of a certain re- 2004-00149642; 1013, 312, recorded mortgage to include the adjustable rate rider was executed by JOHN H. CARLO, III and delivered to AMERIQUEST MORTGAGE COMPANY bearing date January 16, 2003 and recorded on April 8, 2004 in Documents #: 2004-00155343; Book: 1116, Page: 80 in the Office of the Clerk of the County of RENSSELAER. Subsequently, said mortgage was modified by loan modification dated March 8, 2004 and recorded on June 22, 2004 in Document # 2004-00163219; Book: 1253, Page: 251. Thereafter, said mortgage was assigned from DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, FOR ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-4 by a gap assignment of mortgage dated August 5, 2015 and recorded on September 16, 2015 in Document #: 2015-00481809; Book: VI-7597, Page: 106. Thereafter, said mortgage was assigned from DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, FOR ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-4 to J P MORGAN MORTGAGE ACQUISITION CORP., by an assignment of mortgage dated April 25, 2007 and 1 of 5 FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023 Said premises are commonly known as 802 Fifth Avenue, Troy, NY 12182 a/k/a 805 5th Avenue, Troy, NY 12182 bearing tax map designation: Section: 80.33, Block: 6, Lot: 15 The Clerk of the County of RENSSELAER is directed to index this against to the names of the defendants and the property identified abñe. /' Dated: /O & )3 / andy J. Stolar, Esq. MARGOLIN, WEINREB & NIERER, LLP ATTORNEYS FOR PLAINTIFF 165 Eileen Way, Suite 101 Syosset, New York 11791 516-921-3838 2 of 5 FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Title No.: ALL that certain piece or parcel of land lying, situate and being in the Village ofLansingburgh, Now City of Troy, County ofRensselaer and State ofNew York, and known and distinguished on a map or chart thereofmade by L.D. Eddy as Lot No. 119; in the fourth division of said village and bounded on the north by Lot No. 180, on the east by an alley 20.00 feet wide; on the south by Lot No. 178; and on the west by Fifth Avenue, (formerly Pitt Street) being in width front and rear, 50.00 feet and in depth on each side 120.00 feet. ! 3 of 5 FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023 recorded on November 2, 2011 in Document #: 2011-00396337; Book: VI-6077, Page: 217. Thereafter, said mortgage was assigned from J.P. MORGAN MORTGAGE ACQUISITION CORP. to EMC MORTGAGE LLC F/K/A EMC MORTGAGE CORPORATION by a gap assignment of mortgage dated March 8, 2019 and recorded on March 15, 2019 in Document #: 2019-548456; Book: VI-8782, Page: 27. Thereafter, said mortgage was assigned from EMC MORTGAGE LLC F/K/A EMC MORTGAGE CORPORATION, AS ATTORNEY IN FACT FOR AMERIQUEST MORTGAGE COMPANY to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE by an assignment of mortgage dated October 7, 2011 and recorded on November 16, 2011 in Document #: 2011-00397348; Book: VI-6093, Page: 133. Thereafter, said mortgage was assigned from DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE to JP MORGAN CHASE BANK, N.A. A/I/F FOR JP MORGAN MORTGAGE ACQUISITION CORP. by a gap assignment of mortgage dated July 29, 2019 and recorded on August 5, 2019 in Document #: 2019-555105; Book: 8906, Page: 202. Thereafter, said mortgage was assigned from JPMORGAN CHASE BANK, N.A. A/I/F FOR J.P. MORGAN MORTGAGE ACQUISITION CORP. to CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR NORMANDY MORTGAGE LOAN TRUST, SERIES 2013-10 by an assignment of mortgage dated November 27, 2013 and recorded on December 4, 2013 in Document #: 2013-00447295; Book: VI-7015, Page: 7. Thereafter, said mortgage was assigned from CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR NORMANDY MORTGAGE LOAN TRUST, SERIES 2013-10 to SERIES 1 OF NORMANDY MORTGAGE DEPOSITOR COMPANY, LLC by an assignment of mortgage dated March 14, 2019 and recorded on August 5, 2019 in Document #: 2019-555107; Book: 8906, Page: 213. Thereafter, said mortgage was assigned from SERIES 1 OF NORMANDY MORTGAGE DEPOSITOR COMPANY, LLC to WILMINGTON SAVINGS FUND SOCIETY, FSB DBA CHRISTINA TRUST, AS TRUSTEE FORNORMANDY MORTGAGE LOAN TRUST, SERIES 2017-1 by an assignment ofmortgage dated March 14, 2019 and recorded on August 5, 2019 in Document #: 2019-555108; Book: 8906, Page: 217. Thereafter, said mortgage was assigned from WILMINGTON SAVINGS FUND SOCIETY, FSB DBA CHRISTINA TRUST, AS TRUSTEE FOR NORMANDY MORTGAGE LOAN TRUST, SERIES 2017-1 to NORMANDY MORTGAGE ACQUISITION COMPANY, LLC by an assignment of mortgage dated June 28, 2019 and recorded on August 5, 2019 in Document #: 2019-555109; Book: 8906, Page: 221. Thereafter, said mortgage was assigned from NORMANDY MORTGAGE ACQUISITION COMPANY, LLC to GOLDMAN SACHS MORTGAGE COMPANY by an assignment of mortgage dated July 20, 2022 and recorded on October 7, 2022 in Document #: 2022-618033; Book: 10203, Page: 263. Thereafter, said mortgage was assigned from GOLDMAN SACHS MORTGAGE COMPANY to PLAINTIFF by an assignment of mortgage dated June 14, 2023 and recorded on June 23, 2023 in Document #: 2023- 628920; Book: 10416, Page: 55. That the mortgaged premises affected by said foreclosure action are situate in the County A" of RENSSELAER State of New York and more specifically described in "Schedule annexed hereto and made a part hereof. [SPACE INTENTIONALLY LEFT BLANK] 4 of 5 FILED: RENSSELAER COUNTY CLERK 10/03/2023 04:26 PM INDEX NO. EF2023-275060 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/03/2023 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ----------------------------------------------------------------------------- U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2021-GS1, Plaintiff, -against- JOHN H. CARLO III, et. al., Defendants. --------------------------------------------------------------------------- NOTICE OF PENDENCY OF ACTION MARGOLIN, WE1NREB & NIERER, LLP Attorneys for Plaintiff 165 Eileen Way, Suite 101 Syosset, New York 11791 516-921-3838 5 of 5