Preview
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
- - - - _ - - - _ - - - - - - - - - - - _ x
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT INDEX NO.:
IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS Date Filed:
OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET
TRUST 2019-GS7,
Plaintiff(s), NOTICE OF PENDENCY OF
ACTION
-against-
UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS PREMISES:
A/K/A EDWARD LAWRENCE POWERS, and if 1 John Street
they
be dead, and all persons unknown to Fulton, NY 13069
any
plaintiff, claiming, or who may claim to
have an interest or or Section: 253.26
in, generally
specific lien upon the real Block: 3
property
described in this such unknown Lot: 17
action,
persons being herein generally described
and intended to be included in the
following designation, namely the 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 who and whose names,
except as stated, are unknown to
plaintiff, TONYA L. CRISAFULLI, AS HEIR AT
LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS; THERESA LAMB, AS HEIR AT
LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS; NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE,
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FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023
DOE #1"
"JOHN through__"JOHN DOE_#12,"_the__.___
last twelve names being fictitious and
unknown to Plaintiff, the persons or
parties intended being the tenants,
occupants, persons or corporations, if
any, having or claiming an interest in or
lien upon the premises, described in the
complaint,
Defendant(s).
- - - _ - - - - - - _ - - - - - _ - - - _ x
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 the following:
a mortgage dated August 25, 2006, executed by EDWARD L. POWERS A/K/A
EDWARD LAWRENCE POWERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
AS NOMINEE FOR GMAC MORTGAGE CORPORATION, its successors and assigns to
secure the sum of $28,800.00, and recorded in Instrument R-2006-011025
in the office of the Clerk of the County of Oswego on August 30, 2006.
Said mortgage was thereafter assigned to GMAC MORTGAGE LLC, by
assignment of mortgage executed on October 2, 2007, recorded in
Instrument R-2007-013638 in the office of the Clerk of the County of
Oswego on October 15, 2007; which was thereafter assigned to NATIONSTAR
MORTGAGE LLC, by assignment of mortgage executed on July 24, 2013,
recorded in Instrument R-2013-008092 in the office of the Clerk of the
County of Oswego on August 7, 2013; which was thereafter assigned to
MTGLQ INVESTORS, LP, by assignment of mortgage executed on October 7,
2019, recorded in Instrument R-2019-008963 in the office of the Clerk of
the County of Oswego on October 8, 2019; which was thereafter assigned
to U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, by
assignment of mortgage executed on June 23 , 2021, recorded in Instrument
R-2021-007442 in the office of the Clerk of the County of Oswego on June
30, 2021.
Said mortgage was modified by a loan modification agreement dated
June 14, 2021, executed by EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS
to U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7 for
a modified sum of $34,679.33 to be recorded by court order.
AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected
by the foreclosure action, were, at the time of the commencement of said
action, and at the time of the filing of this notice situate in and known
as parcel identification number Section: 253.26, Block: 3, Lot: 17, on
the land and tax map of the County of Oswego in the State of New York,
and is described in the said mortgage as follows, to wit:
A - Description" annexed hereto and
See Schedule "Legal made a part
hereof.
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FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023
Said premises_being _known as_and by:_1_ JOHN_STREETu FULTQlL_[D[
13069.
TOGETHER with all right, title and interest of the Defendants in
and to the land lying in the streets and roads in front of, and adjoining
to, said premises.
The Clerk of the County of Oswego is directed to index this notice
to the names of the Defendants above captioned except Does.
Dated: October 19, 2023
Armonk, New York
LEOPOLD & ASSOCIATES,
BY: Andrey E Reznik, Esq.
Attorneys for Plaintif f
80 Business Park Drive, Suite 110
Armonk, NY 10504
914-219-5787
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FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023
SCHEDULE A – LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Fulton, County
of Oswego and State of New York, known and distinguished as Lots Nos. 8 and 9
of Block 222 of the Palmerton Tract so called in the City of Fulton, NY, according
to a map of said Palmerton Tract or Wilber Park made by R.R. Dodge, C.E. dated
May 21st, 1912, and filed in Oswego County Clerk's Office May 25th, 1912.
ALSO ALL THAT TRACT OR PARCEL OF LAND located at Lots 6, 8 and 9 of
Block 222 of the City of Fulton being more particularly described as follows:
BEGINNING at a point in the Southeast corner of Lot 9 Block 222. Also John Street;
THENCE RUNNING North 55° 49” East 32.30 feet to City of Fulton Corporation
line;
THENCE RUNNING North 4° 24’ 45” East 153.53 feet along City of Fulton line to
a point;
THENCE RUNNING South 55° 49’ 15” West 32.30 feet to the Northeast corner of
Lot 9.
THENCE RUNNING South 4° 24’ 45” West 153.53 feet to the place of
BEGINNING.
For information only:
Premises known as 1 John Street
Fulton, NY 13069
County of Oswego
Section: 253.26, Block: 3, Lot: 17
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FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023
OF NEW YORK INDEX NO -
SUPREME COURT OF THE STATE
COUNTY OF OSWEGO
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE
ASSET TRUST 2019-GS7,
Plaintiff(s),
-against-
UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS, and if they be dead, any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in, or generally or specific lien upon the
real property described in this action, such unknown persons being herein generally
described and intended to be included in the following designation, namely the 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 who and whose names, except as stated, are unknown to plaintiff, TONYA L.
CRISAFULLI, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS; THERESA LAMB, AS HEIR AT LAW OF EDWARD L.
POWERS A/K/A EDWARD LAWRENCE POWERS; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, ET AL.,
Defendant(s).
NOTICE OF PENDENCY OF ACTION
LEOPOLD & ASSOCIATES, PLLC
Attorneys for Plaintiff(s)
Offee and Post Office Address, Telephone
80 Business Park Drive, Suite 110
Armonk, NY 10504
914-219-5787
Signature (Ru e 130-1.1-a)
ANDREY V. !ZNiK.f!SQ.
Service of a copy of the within is hereby admitted
Dated: October 19, 2023
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Preview
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO - - - - _ - - - _ - - - - - - - - - - - _ x U.S. BANK TRUST NATIONAL ASSOCIATION, NOT INDEX NO.: IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS Date Filed: OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, Plaintiff(s), NOTICE OF PENDENCY OF ACTION -against- UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS PREMISES: A/K/A EDWARD LAWRENCE POWERS, and if 1 John Street they be dead, and all persons unknown to Fulton, NY 13069 any plaintiff, claiming, or who may claim to have an interest or or Section: 253.26 in, generally specific lien upon the real Block: 3 property described in this such unknown Lot: 17 action, persons being herein generally described and intended to be included in the following designation, namely the 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 who and whose names, except as stated, are unknown to plaintiff, TONYA L. CRISAFULLI, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; THERESA LAMB, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, 1 of 5 FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023 DOE #1" "JOHN through__"JOHN DOE_#12,"_the__.___ last twelve names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). - - - _ - - - - - - _ - - - - - _ - - - _ x 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 the following: a mortgage dated August 25, 2006, executed by EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GMAC MORTGAGE CORPORATION, its successors and assigns to secure the sum of $28,800.00, and recorded in Instrument R-2006-011025 in the office of the Clerk of the County of Oswego on August 30, 2006. Said mortgage was thereafter assigned to GMAC MORTGAGE LLC, by assignment of mortgage executed on October 2, 2007, recorded in Instrument R-2007-013638 in the office of the Clerk of the County of Oswego on October 15, 2007; which was thereafter assigned to NATIONSTAR MORTGAGE LLC, by assignment of mortgage executed on July 24, 2013, recorded in Instrument R-2013-008092 in the office of the Clerk of the County of Oswego on August 7, 2013; which was thereafter assigned to MTGLQ INVESTORS, LP, by assignment of mortgage executed on October 7, 2019, recorded in Instrument R-2019-008963 in the office of the Clerk of the County of Oswego on October 8, 2019; which was thereafter assigned to U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, by assignment of mortgage executed on June 23 , 2021, recorded in Instrument R-2021-007442 in the office of the Clerk of the County of Oswego on June 30, 2021. Said mortgage was modified by a loan modification agreement dated June 14, 2021, executed by EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS to U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7 for a modified sum of $34,679.33 to be recorded by court order. AND NOTICE IS FURTHER GIVEN, that the mortgaged premises affected by the foreclosure action, were, at the time of the commencement of said action, and at the time of the filing of this notice situate in and known as parcel identification number Section: 253.26, Block: 3, Lot: 17, on the land and tax map of the County of Oswego in the State of New York, and is described in the said mortgage as follows, to wit: A - Description" annexed hereto and See Schedule "Legal made a part hereof. 2 of 5 FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023 Said premises_being _known as_and by:_1_ JOHN_STREETu FULTQlL_[D[ 13069. TOGETHER with all right, title and interest of the Defendants in and to the land lying in the streets and roads in front of, and adjoining to, said premises. The Clerk of the County of Oswego is directed to index this notice to the names of the Defendants above captioned except Does. Dated: October 19, 2023 Armonk, New York LEOPOLD & ASSOCIATES, BY: Andrey E Reznik, Esq. Attorneys for Plaintif f 80 Business Park Drive, Suite 110 Armonk, NY 10504 914-219-5787 3 of 5 FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023 SCHEDULE A – LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Fulton, County of Oswego and State of New York, known and distinguished as Lots Nos. 8 and 9 of Block 222 of the Palmerton Tract so called in the City of Fulton, NY, according to a map of said Palmerton Tract or Wilber Park made by R.R. Dodge, C.E. dated May 21st, 1912, and filed in Oswego County Clerk's Office May 25th, 1912. ALSO ALL THAT TRACT OR PARCEL OF LAND located at Lots 6, 8 and 9 of Block 222 of the City of Fulton being more particularly described as follows: BEGINNING at a point in the Southeast corner of Lot 9 Block 222. Also John Street; THENCE RUNNING North 55° 49” East 32.30 feet to City of Fulton Corporation line; THENCE RUNNING North 4° 24’ 45” East 153.53 feet along City of Fulton line to a point; THENCE RUNNING South 55° 49’ 15” West 32.30 feet to the Northeast corner of Lot 9. THENCE RUNNING South 4° 24’ 45” West 153.53 feet to the place of BEGINNING. For information only: Premises known as 1 John Street Fulton, NY 13069 County of Oswego Section: 253.26, Block: 3, Lot: 17 4 of 5 FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/23/2023 OF NEW YORK INDEX NO - SUPREME COURT OF THE STATE COUNTY OF OSWEGO U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, Plaintiff(s), -against- UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, and if they be dead, any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or generally or specific lien upon the real property described in this action, such unknown persons being herein generally described and intended to be included in the following designation, namely the 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 who and whose names, except as stated, are unknown to plaintiff, TONYA L. CRISAFULLI, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; THERESA LAMB, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ET AL., Defendant(s). NOTICE OF PENDENCY OF ACTION LEOPOLD & ASSOCIATES, PLLC Attorneys for Plaintiff(s) Offee and Post Office Address, Telephone 80 Business Park Drive, Suite 110 Armonk, NY 10504 914-219-5787 Signature (Ru e 130-1.1-a) ANDREY V. !ZNiK.f!SQ. Service of a copy of the within is hereby admitted Dated: October 19, 2023 5 of 5