Preview
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGQ .
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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) , CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
-against-
Mortgaged Premises:
UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS 1 JOHN STREET
A/K/A EDWARD LAWRENCE POWERS, and if they FULTON, NY 13069
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,
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FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023
DOE #1" through DOE #12,"
"JOHN "JOHN the
1-ast twe-lve· names fict-itious and
being
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).
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1. I am an attorney at law duly licensed to practice in the
state of New York and am affiliated with the law firm LEOPOLD &
ASSOCIATES, PLLC, the attorney for plaintiff, U.S. BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE
FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, in this action.
2. This residential foreclosure action involves a home loan, as
such term is defined in Real Property Actions and Proceedings Law §
1304. Upon information and belief, EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS, was a resident of the property subject to foreclosure.
3. I have reviewed the facts of this case and reviewed
pertinent documents, including the mortgage, security agreement and
note or bond underlying the mortgage executed by defendant, all
instruments of assignment (if any), and all other instruments of
indebtedness including any modification, extension, and consolidation.
4. I have consulted about the facts of this case with the
following representatives of plaintiff:
Name Title
Mary Monta-Adrovel DocumentVerificationSpecialist
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FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023
5. Upon this review and consultation, to the best of my
knowledge, information, and belief, I certify that there is a
reasonable basis for the commencement of this action, and that
plaintiff is the creditor entitled to enforce rights under these
documents.
6. Listed in Exhibit A and attached hereto are copies of the
following documents not otherwise included as attachments to the
summons and complaint: the mortgage, security agreement and note or
bond underlying the mortgage executed by the defendant; all instruments
of assignment (if any); and any other instrument of indebtedness,
including any modification, extension, and consolidation. (Check box
if no documents are attached in Exhibit A: _ .)
7. Listed in Exhibit B and attached hereto are supplemental
affidavits attesting that certain documents as described in paragraph 5
supra are lost, whether by destruction, theft, or otherwise. (Check
box if no documents are attached in Exhibit B: _x .)
8. I am aware of my obligations under New York Rules of
Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.
Dated: October 23, 2023
Armonk, New York
Andrey V. Reznik, Esq.
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FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.:
COIINTY_OF-OSW_EGO
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).
CERTIFICATE OF MERIT
LEOPOLD & ASSOCIATES, PLLC
Attorneys for Plaintiff(s)
Office and Post Office Address, Telephone
80 Business Park Drive, Suite 110
Armonk, NY 10504
914-219-5787
Signature ( le 130-1.1-a)
NDREY V REZNI , ESQ.
Service of a copy of the within is hereby admitted
Dated: October 23 2023
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Preview
FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGQ . - - - - - - - - - - - - - - - - - - - - - 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) , CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b -against- Mortgaged Premises: UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS 1 JOHN STREET A/K/A EDWARD LAWRENCE POWERS, and if they FULTON, NY 13069 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, 1 of 4 FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023 DOE #1" through DOE #12," "JOHN "JOHN the 1-ast twe-lve· names fict-itious and being 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 1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the law firm LEOPOLD & ASSOCIATES, PLLC, the attorney for plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law § 1304. Upon information and belief, EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, was a resident of the property subject to foreclosure. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension, and consolidation. 4. I have consulted about the facts of this case with the following representatives of plaintiff: Name Title Mary Monta-Adrovel DocumentVerificationSpecialist 2 of 4 FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these documents. 6. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments of assignment (if any); and any other instrument of indebtedness, including any modification, extension, and consolidation. (Check box if no documents are attached in Exhibit A: _ .) 7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or otherwise. (Check box if no documents are attached in Exhibit B: _x .) 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: October 23, 2023 Armonk, New York Andrey V. Reznik, Esq. 3 of 4 FILED: OSWEGO COUNTY CLERK 10/23/2023 03:15 PM INDEX NO. EFC-2023-1492 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/23/2023 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: COIINTY_OF-OSW_EGO 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). CERTIFICATE OF MERIT LEOPOLD & ASSOCIATES, PLLC Attorneys for Plaintiff(s) Office and Post Office Address, Telephone 80 Business Park Drive, Suite 110 Armonk, NY 10504 914-219-5787 Signature ( le 130-1.1-a) NDREY V REZNI , ESQ. Service of a copy of the within is hereby admitted Dated: October 23 2023 4 of 4