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At an I.A.S. Term, part ________ of the
Supreme Court of the County of Rensselaer
held in the Rensselaer Supreme Court in the
city of Troy, New York on the __________
day of _______________, 20________.
HON. _______________________________________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
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WELLS FARGO BANK, N.A. ORDER
Plaintiff,
vs
INDEX #: EF2019-264119
KEVIN GENDRON, LINDA GENDRON,
PAUL GENDRON, UNKNOWN HEIRS TO MORTGAGED PREMISES:
THE ESTATE OF JENNIFER GENDRON IF 77 BALD MOUNTAIN ROAD
LIVING, AND IF HE/SHE BE DEAD, ANY TROY, NY 12180
AND ALL PERSONS UNKNOWN TO
PLAINTIFF, CLAIMING, OR WHO MAY
CLAIM TO HAVE AN INTEREST IN, OR
GENERAL OR SPECIFIC LIEN UPON THE
REAL PROPERTY DESCRIBED IN THIS
ACTION; SUCH UNKNOWN PERSONS
BEING HEREIN GENERALLY DESCRIBED
AND INTENDED TO BE INCLUDED IN
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 WHOM AND WHOSE
NAMES, EXCEPT AS STATED, ARE
UNKNOWN TO PLAINTIFF, KEITH A.
DUNCAN AS HEIR TO THE ESTATE OF
JENNIFER GENDRON, SHARON STUART
DUNCAN AS HEIR TO THE ESTATE OF
JENNIFER GENDRON
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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Upon reading Plaintiff’s Affirmation of Anthony J. Rooney, an associate of the law firm
of Gross Polowy LLC., attorneys for Plaintiff, WELLS FARGO BANK, N.A., dated October 12,
2023, it is hereby
ORDERED, that Plaintiff’s motion is hereby granted; and it is further,
ORDERED, that UNKNOWN HEIRS TO THE ESTATE OF JENNIFER GENDRON
IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO
PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR
GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS
ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND
INTENDED TO BE INCLUDED IN 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 WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE
UNKNOWN TO PLAINTIFF, KEITH A. DUNCAN AS HEIR TO THE ESTATE OF
JENNIFER GENDRON and SHARON STUART DUNCAN AS HEIR TO THE ESTATE OF
JENNIFER GENDRON be dropped from this action as unnecessary Defendants; and it is further
ORDERED, that JANIS GREENE AS EXECUTOR TO THE ESTATE OF JENNIFER
GENDRON, RICHARD ALLEN FOSTER AS DEVISEE TO THE ESTATE OF JENNIFER
GENDRON and PEOPLE OF THE STATE OF NEW YORK be added to this action as
necessary Defendants; and it is further
ORDERED, that the Plaintiff be amended to reflect U.S. BANK NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR
THE RMAC TRUST, SERIES 2018 G-CTT pursuant to the March 5, 2021 Assignment; and it is
further
Space Intentionally Left Blank
ORDERED, that the caption be amended to read as follows
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
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U.S. BANK NATIONAL ASSOCIATION, NOT
IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS TRUSTEE FOR THE RMAC
TRUST, SERIES 2018 G-CTT
Plaintiff,
vs
INDEX #: EF2019-264119
KEVIN GENDRON, LINDA GENDRON,
PAUL GENDRON, JANIS GREENE AS MORTGAGED PREMISES:
EXECUTOR TO THE ESTATE OF JENNIFER 77 BALD MOUNTAIN ROAD
GENDRON, RICHARD ALLEN FOSTER AS TROY, NY 12180
DEVISEE TO THE ESTATE OF JENNIFER
GENDRON, PEOPLE OF THE STATE OF
NEW YORK
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
----------------------------------------------------------------X; and it is further
ORDERED, that Plaintiff shall serve its Supplemental Summons and Amended
Complaint to all parties, or through their attorneys, within one hundred and twenty (120) days of
plaintiff’s receipt of this Order; and it is further
ORDERED, that Plaintiff shall serve its Supplemental Summons and Amended
Complaint via regular mail to all previously named and served Defendants pursuant to CPLR §
2103; and it is further
ORDERED that a copy of this Order with Notice of Entry shall be served upon
_______________________________________________, and any other party entitled to notice.
ENTER:_____________________
,J.S.C.