Preview
FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
--------------------------------------------------------------------------X
MOVEMENT MORTGAGE, LLC, SUMMONS AND NOTICE
Plaintiff, Index No.: ______________
-against-
Date Filed: ______________
JESSICA L. WATKINS; THOMAS M. WATKINS; “JOHN
DOE #1” through “JOHN DOE #10,” said names being MORTGAGED PREMISES:
fictitious and unknown to plaintiff, intended to be possible 259 Lyon Street
tenants or occupants of the premises, or corporations, persons, Elmira, NY 14904
or other entities having or claiming a lien upon the mortgaged
premises, VENUE: CHEMUNG County
(based on the situs of the
Defendants. Mortgaged Premises)
-------------------------------------------------------------------------X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action
and to serve a copy of your answer, or, if the complaint is not served with this summons, to
serve a notice of appearance, on the Plaintiff’s attorneys within twenty (20) days after the
service of this summons, exclusive of the day of service (or within thirty (30) days after the
service is complete if this summons is not personally delivered to you within the State of New
York); and in case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY
SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE
MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING
AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT
JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME.
Firm File # 23-000129-01
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FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE
IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE
SUMMONS AND PROTECT YOUR PROPERTY.
SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT
STOP THIS FORECLOSURE ACTION.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated: _____________________________
October 2, 2023
New York, New York
GREENSPOON MARDER LLP
Attorneys for Plaintiff
By: ________________________________
/s/ Raspreet Bhatia
Raspreet Bhatia, Esq.
590 Madison Avenue
Suite 1800
New York, NY 10022
P: (212) 524-5000
F: (212) 524-5050 (No Service by fax)
Please respond to Cypress Creek office:
Trade Centre South
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: (954) 343-6255
F: (954) 333-4281 (No Service by fax)
WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
TO:
JESSICA L. WATKINS
259 LYON ST
ELMIRA, NY 14904
OR
1009 TERRACEWOOD DRIVE
ENGLEWOOD, OH 45322
Firm File # 23-000129-01
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FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
THOMAS M. WATKINS
259 LYON ST
ELMIRA, NY 14904
OR
1009 TERRACEWOOD DRIVE
ENGLEWOOD, OH 45322
“JOHN DOE #1” through “JOHN DOE #10,” said names being fictitious and unknown to
plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons,
or other entities having or claiming a lien upon the mortgaged premises
259 LYON ST
ELMIRA, NY 14904
Firm File # 23-000129-01
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FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
Firm File # 23-000129-01
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FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DIAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICION
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACION.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
O
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
Firm File # 23-000129-01
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FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
NOTICE TO TENANTS OF
BUILDINGS IN FORECLOSURE
New York State law requires that we provide you this notice about the
foreclosure process. Please read it carefully.
Lender, SERVICEMAC, LLC, located at PO BOX 105178 Atlanta GA 30348
can be reached at 844-778-2622.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be
entitled to remain in occupancy for the remainder of your lease term. If you
do not have a lease, you will be entitled to remain in your home until ninety
days after any person or entity who acquires title to the property provides
you with a notice as required by section 1305 of the Real Property Actions
and Proceedings Law. The notice shall provide information regarding the
name and address of the new owner and your rights to remain in your
home. These rights are in addition to any others you may have if you are a
subsidized tenant under federal, state or local law or if you are a tenant
subject to rent control, rent stabilization or a federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED
TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS
WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE
RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING
FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED
AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE
AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH
THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS
CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT
ORDER AND AFTER A FULL HEARING IN COURT.
If you need further information, please call the New York State
Department of Financial Service's toll-free helpline at (800) 342-3736 or
visit the Department's website at www.dfs.ny.gov.
Firm File # 23-000129-01
6 of 8
FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the
summons and complaint carefully. You should immediately contact an attorney or
your local legal aid office to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in foreclosure. In
addition to seeking assistance from an attorney or legal aid office, there are
government agencies and non-profit organizations that you may contact for
information about possible options, including trying to work with your lender
during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the
New York State Department of Financial Services at 800-342-3736 or visit the
Department's website at www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You
have the right to stay in your home during the foreclosure process. You are not
required to leave your home unless and until your property is sold at auction
pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED
TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance
with state and local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a homeowner's distress.
Firm File # 23-000129-01
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FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
You should be extremely careful about any such promises and any suggestions
that you pay them a fee or sign over your deed. State law requires anyone
offering such services for profit to enter into a contract which fully describes
the services they will perform and fees they will charge, and which prohibits
them from taking any money from you until they have completed all such
promised services.
Firm File # 23-000129-01
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Preview
FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG --------------------------------------------------------------------------X MOVEMENT MORTGAGE, LLC, SUMMONS AND NOTICE Plaintiff, Index No.: ______________ -against- Date Filed: ______________ JESSICA L. WATKINS; THOMAS M. WATKINS; “JOHN DOE #1” through “JOHN DOE #10,” said names being MORTGAGED PREMISES: fictitious and unknown to plaintiff, intended to be possible 259 Lyon Street tenants or occupants of the premises, or corporations, persons, Elmira, NY 14904 or other entities having or claiming a lien upon the mortgaged premises, VENUE: CHEMUNG County (based on the situs of the Defendants. Mortgaged Premises) -------------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff’s attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME. Firm File # 23-000129-01 1 of 8 FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY. SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLOSURE ACTION. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: _____________________________ October 2, 2023 New York, New York GREENSPOON MARDER LLP Attorneys for Plaintiff By: ________________________________ /s/ Raspreet Bhatia Raspreet Bhatia, Esq. 590 Madison Avenue Suite 1800 New York, NY 10022 P: (212) 524-5000 F: (212) 524-5050 (No Service by fax) Please respond to Cypress Creek office: Trade Centre South 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 P: (954) 343-6255 F: (954) 333-4281 (No Service by fax) WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO: JESSICA L. WATKINS 259 LYON ST ELMIRA, NY 14904 OR 1009 TERRACEWOOD DRIVE ENGLEWOOD, OH 45322 Firm File # 23-000129-01 2 of 8 FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 THOMAS M. WATKINS 259 LYON ST ELMIRA, NY 14904 OR 1009 TERRACEWOOD DRIVE ENGLEWOOD, OH 45322 “JOHN DOE #1” through “JOHN DOE #10,” said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises 259 LYON ST ELMIRA, NY 14904 Firm File # 23-000129-01 3 of 8 FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 NOTICE TO DEFENDANT DURING THE CORONAVIRUS EMERGENCY, YOU MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL DAYS OR WEEKS TO FILE AN ANSWER TO THIS COMPLAINT. PLEASE CONTACT YOUR ATTORNEY FOR MORE INFORMATION. IF YOU DON'T HAVE AN ATTORNEY, PLEASE VISIT http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml OR https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml Firm File # 23-000129-01 4 of 8 FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 AVISO A DEMANDADO DURANTE LA EMERGENCIA DEL CORONAVIRUS, ES POSIBLE QUE USTED TENGA DERECHO POR LEY A TOMAR DIAS O SEMANAS ADICIONALES PARA PRESENTAR UNA RESPUESTA A ESTA PETICION POR FAVOR CONTACTE A SU ABOGADO PARA MAS INFORMACION. SI USTED NO TIENE UN ABOGADO, VISITE http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml O https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml Firm File # 23-000129-01 5 of 8 FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE New York State law requires that we provide you this notice about the foreclosure process. Please read it carefully. Lender, SERVICEMAC, LLC, located at PO BOX 105178 Atlanta GA 30348 can be reached at 844-778-2622. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Service's toll-free helpline at (800) 342-3736 or visit the Department's website at www.dfs.ny.gov. Firm File # 23-000129-01 6 of 8 FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 800-342-3736 or visit the Department's website at www.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. Firm File # 23-000129-01 7 of 8 FILED: CHEMUNG COUNTY CLERK 10/06/2023 02:59 PM INDEX NO. 2023-5759 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. Firm File # 23-000129-01 8 of 8