On March 13, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Morgan Stanley Mortgage Loan Trust 2006-6Ar, Mortgage Pass-Through Certificates, Series 2006-6Ar, U.S. Bank National Association, As Trustee Successor In Interest To Bank Of America, National Association, As Trustee, Successor By Merger To Lasalle Bank
National Association, As Trustee,
and
And John Doe And Mary Doe,,
Citibank,
Clerk Of The Suffolk County Traffic And Parking Violations Agency,
Dcfs Trust,
Ford Motor Credit Company, D.B.A Mazda America Credit,
Mary Doe,
Meenan Oil Co. Inc.,
New York State Department Of Taxation And Finance,
Roger Schlegel,
Romanelli And Son Home Heating,
The Bank Of New York Mellon Fka The Bank Of New York, As Successor Trustee To Jpmorgan Chase Bank, N.A., As Trustee On Behalf Of The Certificateholders Of The Cwheq Inc., Cwheq Revolving Home Equity Loan Trust, Series 2006-C,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 11/16/2021 02:29 PM INDEX NO. 604994/2019
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 11/16/2021
Exhibit A
Certificate of Merit
FILED: SUFFOLK COUNTY CLERK 11/16/2021
03/13/2019 02:29
09:51 PM
AM INDEX NO. 604994/2019
NYSCEF DOC. NO. 58
3 RECEIVED NYSCEF: 11/16/2021
03/13/2019
STATE OF.NEW YORK
SUPREME COURT COUNTY OF SUFFOLK
MORGAN STANLEY MORTGAGE LOAN TRUST 2006-
6AR, MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-6AR, U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE SUCCESSOR IN CERTIFICATE OF MERIT IN
INTEREST TO BANK OF AMERICA, NATIONAL RESIDENTIAL FORECLOSURE
ASSOCIATION, AS TRUSTEE, SUCCESSOR BY ACTION
MERGER TO LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE
Plaintiff,
vs.
ROGER SCHLEGEL;
THE BANK OF NEW
MELLON FKA THE BANK YORK
OF NEW YORK, AS SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, N.A., AS TRUSTEE ON
BEHALF OF THE CERTIFICATEHOLDERS OF THE
CWHEQ INC., CWHEQ REVOLVING HOME EQUITY
LOAN TRUST, SERIES 2006-C;
DCFS TRUST;
CITIBANK (SOUTH DAKOTA), N.A.;
FORD MOTOR CREDIT COMPANY, D.B.A MAZDA
AMERICAN CREDIT;
MEENAN OIL CO. INC.;
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE;
CI RRK OF THE SUFFOLK COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY;
ROMANELLI AND SON HOME HEATING;
DOE" DOE,"
and "JOHN and "MARY
(Said names being fictitious, it being the intention of
plaintiff to designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an interest in
or lien upon the premises being foreclosed herein.)
Defendants.
I certify that I have reviewed the facts of this case and that, based on coñsn'tstion with
Cynthia Wallace, Second Assistant Vice President of Specialized Loan Servicing, LLC, servicing
agent for the plaintiff, MORGAN STANLEY MORTGAGE LOAN TRUST 2006-6AR,
1 of 2
FILED: SUFFOLK COUNTY CLERK 11/16/2021
03/13/2019 02:29
09:51 PM
AM INDEX NO. 604994/2019
NYSCEF DOC. NO. 58
3 RECEIVED NYSCEF: 11/16/2021
03/13/2019
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-6AR, U.S. BANK
NATIONAL ASSOCIATION, AS TRUSTEE SUCCESSOR IN INTEREST TO BANK OF
AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE and my review of pertinent
documents, including the mortgage, security agreement and note or bond underlying the mortgage
executed by defendant and all instruments of assignment, if any, and other instrument of
indebtedness including any modification, extension, and consolidation, to the best of my
knowledge, information and belief there is a reasonable basis for the commencement of such action
and that the plaintiff is currently the creditor entitled to enforce rights under such documents.
Dated:
Molly L. C , Esq.
DAVIDSON INK LLP
Attorneys for Plaintiff
Foreclosure Department
28 East Main Street, Suite 1700
Rochester, New York 14614
Tel: (585) 760-8218
2 of 2
Preview
FILED: SUFFOLK COUNTY CLERK 11/16/2021 02:29 PM INDEX NO. 604994/2019 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 11/16/2021 Exhibit A Certificate of Merit FILED: SUFFOLK COUNTY CLERK 11/16/2021 03/13/2019 02:29 09:51 PM AM INDEX NO. 604994/2019 NYSCEF DOC. NO. 58 3 RECEIVED NYSCEF: 11/16/2021 03/13/2019 STATE OF.NEW YORK SUPREME COURT COUNTY OF SUFFOLK MORGAN STANLEY MORTGAGE LOAN TRUST 2006- 6AR, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-6AR, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE SUCCESSOR IN CERTIFICATE OF MERIT IN INTEREST TO BANK OF AMERICA, NATIONAL RESIDENTIAL FORECLOSURE ASSOCIATION, AS TRUSTEE, SUCCESSOR BY ACTION MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE Plaintiff, vs. ROGER SCHLEGEL; THE BANK OF NEW MELLON FKA THE BANK YORK OF NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2006-C; DCFS TRUST; CITIBANK (SOUTH DAKOTA), N.A.; FORD MOTOR CREDIT COMPANY, D.B.A MAZDA AMERICAN CREDIT; MEENAN OIL CO. INC.; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CI RRK OF THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY; ROMANELLI AND SON HOME HEATING; DOE" DOE," and "JOHN and "MARY (Said names being fictitious, it being the intention of plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein.) Defendants. I certify that I have reviewed the facts of this case and that, based on coñsn'tstion with Cynthia Wallace, Second Assistant Vice President of Specialized Loan Servicing, LLC, servicing agent for the plaintiff, MORGAN STANLEY MORTGAGE LOAN TRUST 2006-6AR, 1 of 2 FILED: SUFFOLK COUNTY CLERK 11/16/2021 03/13/2019 02:29 09:51 PM AM INDEX NO. 604994/2019 NYSCEF DOC. NO. 58 3 RECEIVED NYSCEF: 11/16/2021 03/13/2019 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-6AR, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE and my review of pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant and all instruments of assignment, if any, and other instrument of indebtedness including any modification, extension, and consolidation, to the best of my knowledge, information and belief there is a reasonable basis for the commencement of such action and that the plaintiff is currently the creditor entitled to enforce rights under such documents. Dated: Molly L. C , Esq. DAVIDSON INK LLP Attorneys for Plaintiff Foreclosure Department 28 East Main Street, Suite 1700 Rochester, New York 14614 Tel: (585) 760-8218 2 of 2