Preview
FILED: TIOGA COUNTY CLERK 09/11/2023 11:48 AM INDEX NO. 2023-00063011
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/11/2023
EXHIBIT J
FILED: TIOGA COUNTY CLERK 09/11/2023
06/21/2023 11:48
02:17 AM
PM INDEX NO. 2023-00063011
NYSCEF DOC. NO. 29
8 RECEIVED NYSCEF: 09/11/2023
06/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
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U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS Index No. 2023-00063011
INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE
FOR RMTP TRUST, SERIES 2021 BKM-TT, NOTICE OF PENDENCY
Plaintiff Mortgaged Premises:
21 Circle Drive
-against- Waverly, NY 14892
ERIC M. SHANNON; ASHLEY E. SHANNON; Section: 166.08
TECHNOLOGY INSURANCE COMPANY, INC.; Block: 1
"JOHN DOE" AND "JANE DOE” said names being Lot: 21
fictitious, it being the intention of Plaintiff to designate
any and all occupants of premises being foreclosed herein, Mortgage Servicer: Rushmore
Loan Management Services, LLC
Defendants Mortgage Service Phone #:
(888) 699-5600
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NOTICE IS HEREBY GIVEN, that an action was commenced upon the Complaint of the
above Plaintiff against the above-named defendants and is now pending in the Supreme Court of the
State of New York, Tioga, for the foreclosure of a mortgage executed on February 7, 2013 by Eric M.
Shannon and Ashley E. Shannon in favor of Wells Fargo Bank, N.A. Said mortgage was recorded in the
County Clerk’s Office of Tioga, on February 25, 2013 Number 206986-001.
Thereafter, the Mortgage was assigned as provided for below:
ASSIGNMENT OF MORTGAGE:
Assignor: Wells Fargo Bank, N.A.
Assignee: U.S. Bank National Association, not in its individual capacity but solely as Trustee for the
RMAC Trust, Series 2018 G-CTT
Dated: March 3, 2021
Recorded: March 3, 2021
Instrument No.: 2021-00001116
ASSIGNMENT OF MORTGAGE:
Assignor: U.S. Bank Nation Association, not in its individual capacity but solely as Trustee for the
RMAC Trust, Series 2018 G-CTT
Assignee: U.S. Bank National Association, not in its individual capacity but solely as Trustee for
RMTP Trust, Series 2021 BKM-TT
Dated: May 12, 2021
Recorded: May 24, 2021
Instrument No.: 2013-00206986
Firm Case No. 210691-2
1 of 3
FILED: TIOGA COUNTY CLERK 09/11/2023
06/21/2023 11:48
02:17 AM
PM INDEX NO. 2023-00063011
NYSCEF DOC. NO. 29
8 RECEIVED NYSCEF: 09/11/2023
06/21/2023
NOTICE IS HEREBY GIVEN, that the mortgaged premises described in the mortgage
affected by the foreclosure action was, at the time of the commencement of this action and at the time
of the filing of this Notice, situated in the County of Tioga, State of New York, and is described in
“Schedule A” attached hereto and made a part hereof.
The Clerk of the County of Tioga is directed to index this Notice against the names of the
Defendant(s).
Dated: June 20, 2023
Garden City, NY
___________________________
Ralph L. Vartolo, Esq.
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, NY 11530
T: (212) 471-5100
Firm Case No. 210691-2
2 of 3
FILED: TIOGA COUNTY CLERK 09/11/2023
06/21/2023 11:48
02:17 AM
PM INDEX NO. 2023-00063011
NYSCEF DOC. NO. 29
8 RECEIVED NYSCEF: 09/11/2023
06/21/2023
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
Section 166.08 Block 1 and Lot 21
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being in the Town of Barton, County of Tioga and State of New York bounded and
described as follows:
COMMENCING at a point in the Northerly line of Circle Drive and in the Easterly line of the premises
conveyed by Andrew B. Campwell and wife to Charles T. Jones, by deed dated July 12, 1963 and
recorded in Tioga County Clerk's Office in Book 314 of Deeds at Page 538, now owned by Henderson;
RUNNING THENCE South 67 degrees 17 minutes East along the Northerly line of Circle Drive, 115
feet to an iron pipe;
THENCE North 22 degrees 43 minutes East, 128.7 feet to an iron pipe in the Northerly line of the
premises of the said Campwell;
THENCE North 67 degrees 21 minutes West along an extension of the Northerly line of the premises
of Campwell, 115 feet to the Northeasterly corner of the above mentioned premises of Henderson;
THENCE South 22 degrees 43 minutes West along the Easterly line of the said premises of Henderson,
128.55 feet to the place of BEGINNING.
Premises known as 21 Circle Drive, Waverly, New York 14892
Firm Case No. 210691-2
3 of 3
Preview
FILED: TIOGA COUNTY CLERK 09/11/2023 11:48 AM INDEX NO. 2023-00063011 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/11/2023 EXHIBIT J FILED: TIOGA COUNTY CLERK 09/11/2023 06/21/2023 11:48 02:17 AM PM INDEX NO. 2023-00063011 NYSCEF DOC. NO. 29 8 RECEIVED NYSCEF: 09/11/2023 06/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA ---------------------------------------------------------------------X U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS Index No. 2023-00063011 INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR RMTP TRUST, SERIES 2021 BKM-TT, NOTICE OF PENDENCY Plaintiff Mortgaged Premises: 21 Circle Drive -against- Waverly, NY 14892 ERIC M. SHANNON; ASHLEY E. SHANNON; Section: 166.08 TECHNOLOGY INSURANCE COMPANY, INC.; Block: 1 "JOHN DOE" AND "JANE DOE” said names being Lot: 21 fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Mortgage Servicer: Rushmore Loan Management Services, LLC Defendants Mortgage Service Phone #: (888) 699-5600 ---------------------------------------------------------------------X NOTICE IS HEREBY GIVEN, that an action was commenced upon the Complaint of the above Plaintiff against the above-named defendants and is now pending in the Supreme Court of the State of New York, Tioga, for the foreclosure of a mortgage executed on February 7, 2013 by Eric M. Shannon and Ashley E. Shannon in favor of Wells Fargo Bank, N.A. Said mortgage was recorded in the County Clerk’s Office of Tioga, on February 25, 2013 Number 206986-001. Thereafter, the Mortgage was assigned as provided for below: ASSIGNMENT OF MORTGAGE: Assignor: Wells Fargo Bank, N.A. Assignee: U.S. Bank National Association, not in its individual capacity but solely as Trustee for the RMAC Trust, Series 2018 G-CTT Dated: March 3, 2021 Recorded: March 3, 2021 Instrument No.: 2021-00001116 ASSIGNMENT OF MORTGAGE: Assignor: U.S. Bank Nation Association, not in its individual capacity but solely as Trustee for the RMAC Trust, Series 2018 G-CTT Assignee: U.S. Bank National Association, not in its individual capacity but solely as Trustee for RMTP Trust, Series 2021 BKM-TT Dated: May 12, 2021 Recorded: May 24, 2021 Instrument No.: 2013-00206986 Firm Case No. 210691-2 1 of 3 FILED: TIOGA COUNTY CLERK 09/11/2023 06/21/2023 11:48 02:17 AM PM INDEX NO. 2023-00063011 NYSCEF DOC. NO. 29 8 RECEIVED NYSCEF: 09/11/2023 06/21/2023 NOTICE IS HEREBY GIVEN, that the mortgaged premises described in the mortgage affected by the foreclosure action was, at the time of the commencement of this action and at the time of the filing of this Notice, situated in the County of Tioga, State of New York, and is described in “Schedule A” attached hereto and made a part hereof. The Clerk of the County of Tioga is directed to index this Notice against the names of the Defendant(s). Dated: June 20, 2023 Garden City, NY ___________________________ Ralph L. Vartolo, Esq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, NY 11530 T: (212) 471-5100 Firm Case No. 210691-2 2 of 3 FILED: TIOGA COUNTY CLERK 09/11/2023 06/21/2023 11:48 02:17 AM PM INDEX NO. 2023-00063011 NYSCEF DOC. NO. 29 8 RECEIVED NYSCEF: 09/11/2023 06/21/2023 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Section 166.08 Block 1 and Lot 21 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Barton, County of Tioga and State of New York bounded and described as follows: COMMENCING at a point in the Northerly line of Circle Drive and in the Easterly line of the premises conveyed by Andrew B. Campwell and wife to Charles T. Jones, by deed dated July 12, 1963 and recorded in Tioga County Clerk's Office in Book 314 of Deeds at Page 538, now owned by Henderson; RUNNING THENCE South 67 degrees 17 minutes East along the Northerly line of Circle Drive, 115 feet to an iron pipe; THENCE North 22 degrees 43 minutes East, 128.7 feet to an iron pipe in the Northerly line of the premises of the said Campwell; THENCE North 67 degrees 21 minutes West along an extension of the Northerly line of the premises of Campwell, 115 feet to the Northeasterly corner of the above mentioned premises of Henderson; THENCE South 22 degrees 43 minutes West along the Easterly line of the said premises of Henderson, 128.55 feet to the place of BEGINNING. Premises known as 21 Circle Drive, Waverly, New York 14892 Firm Case No. 210691-2 3 of 3