On June 15, 2021 a
Party Notice
was filed
involving a dispute between
U.S. Bank National Association, As Trustee For Bnc Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1,
and
Candice Lewis Administratrix To The Estate Of Perry Lewis,
Candice Lewis
Administratrix To The Estate Of Perry Lewis,
Clerk Of The Suffolk County District Court,
Clerk Of The Suffolk County Traffic & Parking Violations Agency,
Ge Capital Apo Lvnv Funding, Llc,
John Doe #1 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 Subject Property Described In The Complaint,
John Doe #1 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 Subject
Property Described In The Complaint,
Midland Funding Of Delaware, Llc Apo Citibank Usa, Na Dba In New York As Midland Funding, Llc,
Natasha Lewis A K A Natasha N. Lewis, Individually And As Guardian To Three,
Natasha Lewis
A K A Natasha N. Lewis, Individually And As Guardian To Three,
Quiana Lewis,
State Of New York,
Sunrun, Inc.,
Town Supervisor Of The Town Of Babylon,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NOTICE OF PENDENCY
U.S. Bank National Association, as Trustee for BNC OF ACTION
Mortgage Loan Trust 2007-1 Mortgage Pass-Through
Certificates, Series 2007-1, Index No. _______________
Plaintiff, Mortgage Servicer:
PHH Mortgage Services |
-against- Office of Ombudsman
Candice Lewis, Administratrix to the Estate of Perry Lewis; Mortgage Servicer Phone:
Natasha Lewis a/k/a Natasha N. Lewis, Individually and as (844) 995-3682
Guardian to three (3) minor heirs of the Estate of Perry
Lewis; Quiana Lewis; Midland Funding of Delaware, LLC
APO Citibank USA, NA DBA in New York as Midland
Funding, LLC; GE Capital APO LVNV Funding, LLC;
Sunrun, Inc.; Town Supervisor of the Town of Babylon;
Clerk of the Suffolk County District Court; State of New
York; Clerk of the Suffolk County Traffic & Parking
Violations Agency
“JOHN DOE #1” 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 Subject Property described in the Complaint,
Defendants.
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 a Consolidated and/or Modified Mortgage dated February 1, 2012,
executed by Perry Lewis, now deceased, as Mortgagor(s), to JPMorgan Chase Bank, N.A., as
Loan Servicer, as Mortgagee, to secure the sum of $574,138.01. The foregoing instrument
consolidated and/or modified the following mortgage(s): The Mortgage given by Perry Lewis,
now deceased to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for
BNC Mortgage, Inc., its successors and assigns to secure the sum of $417,600.00 dated
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FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021
December 11, 2006 and recorded in the Suffolk County Clerk's Office on December 27, 2006 in
Liber M00021442, page 140. The Mortgage was transferred to U.S. Bank National
Association, as Trustee for BNC Mortgage Loan Trust 2007-1 Mortgage Pass-Through
Certificates, Series 2007-1, and said transfer was memorialized by an Assignment of Mortgage
executed on February 19, 2020 and recorded in the Suffolk County Clerk's Office on March 4,
2020 at Liber M00023112, page 194.
In addition, the underlying Note was indorsed by the original lender or its agent,
successor, or assign, and was delivered to Plaintiff prior to the commencement of this action.
NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said
foreclosure action, at the time of the commencement of said action and at the time of the filing of
this notice, was situated at 79 Westchester Avenue, West Babylon, NY 11704, the County of
Suffolk and the State of New York, and is more particularly described in said Mortgage and in
"A"
Schedule attached hereto and made a part hereof.
Dated:
rank M. Cassara, Esq.
Senior Associate Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 20-088634
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FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021
SCHEDULE A – LEGAL DESCRIPTION
ALL that certain plot, piece or parcel of land, with the buildings and Improvements thereon
erected, situate. lying and being in the Town of Babylon, Suffolk County and State of New York,
known and designated as Lot 1664 on a certain map entitled "Map of Belmont Parkway Estates.
Section 3, adjoining State Park, Babylon, Suffolk County. New York, property of Cadman H.
Frederick, 258 Broadway. New York City" dated June 10, 1926, surveyed by George H.
Walbridge, Civil Engineer and Surveyor, Babylon, New York, and filed in the Suffolk County
Clerk's Office on June 21, 1926, as Map No. 1005, which said lot is bounded and described
according to said map as follows:
BEGINNING at a point on the easterly side of Westchester Avenue where the division line
between lots 1663 and 1664 as shown on aforesaid map. said point being distant 100 feet
southerly from the corner formed by the intersection of the southerly side of Bailey street and the
easterly side of Westchester Avenue;
RUNNING THENCE sot 78 degrees 09 minutes 09 seconds east 100 feet;
RUNNING THENCE south 11 degrees 50 minutes 51 seconds west, 100 feet;
THENCE north 78 degrees 09 minutes 09 seconds west. 100 feet to the easterly side of
Westchester Avenue;
THENCE along the easterly side of Westchester Avenue. north 11 degrees 50 minutes 51
seconds east, 100 feet to the point or place of BEGINNING.
20-088634
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FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021
TO: THE CLERK OF THE COUNTY OF SUFFOLK:
You are hereby directed to index the within Notice of Pendency of Action to the
name(s) of all of the Defendant(s) herein and the Section, Block and Lot(s) and/or property
address as set forth below:
District100 Section 137 Block3 Lot 80
Property Address: 79 Westchester Avenue, West Babylon, NY 11704
Dated:
Frank M. Cassara, Esq.
Senior Associate Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
4 of 6
FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021
CERTIFICATION BY ATTORNEY
I, Frank M. Cassara, am an attorney duly admitted to the practice of law in the State of
New York. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC,
the attorneys for Plaintiff, U.S. Bank National Association, as Trustee for BNC Mortgage Loan
Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, in the above captioned civil
action.
I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator
(22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, that the presentation of the Notice of Pendency in this
action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of
the Rules of the Chief Administrator (22NYCRR).
Dated: (f)
M. Cassara, Esq.
Senior Associate Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
5 of 6
FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021
REAL PROPERTY TAX SERVICE AGENCY VERIFICATION
P S
R CLA A
6/15/2021
StatlD: 4533617
Tax Map #'s:0100-137.00-03.00-080.000
6 of 6
Preview
FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NOTICE OF PENDENCY U.S. Bank National Association, as Trustee for BNC OF ACTION Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Index No. _______________ Plaintiff, Mortgage Servicer: PHH Mortgage Services | -against- Office of Ombudsman Candice Lewis, Administratrix to the Estate of Perry Lewis; Mortgage Servicer Phone: Natasha Lewis a/k/a Natasha N. Lewis, Individually and as (844) 995-3682 Guardian to three (3) minor heirs of the Estate of Perry Lewis; Quiana Lewis; Midland Funding of Delaware, LLC APO Citibank USA, NA DBA in New York as Midland Funding, LLC; GE Capital APO LVNV Funding, LLC; Sunrun, Inc.; Town Supervisor of the Town of Babylon; Clerk of the Suffolk County District Court; State of New York; Clerk of the Suffolk County Traffic & Parking Violations Agency “JOHN DOE #1” 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 Subject Property described in the Complaint, Defendants. 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 a Consolidated and/or Modified Mortgage dated February 1, 2012, executed by Perry Lewis, now deceased, as Mortgagor(s), to JPMorgan Chase Bank, N.A., as Loan Servicer, as Mortgagee, to secure the sum of $574,138.01. The foregoing instrument consolidated and/or modified the following mortgage(s): The Mortgage given by Perry Lewis, now deceased to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for BNC Mortgage, Inc., its successors and assigns to secure the sum of $417,600.00 dated 1 of 6 FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021 December 11, 2006 and recorded in the Suffolk County Clerk's Office on December 27, 2006 in Liber M00021442, page 140. The Mortgage was transferred to U.S. Bank National Association, as Trustee for BNC Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, and said transfer was memorialized by an Assignment of Mortgage executed on February 19, 2020 and recorded in the Suffolk County Clerk's Office on March 4, 2020 at Liber M00023112, page 194. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said foreclosure action, at the time of the commencement of said action and at the time of the filing of this notice, was situated at 79 Westchester Avenue, West Babylon, NY 11704, the County of Suffolk and the State of New York, and is more particularly described in said Mortgage and in "A" Schedule attached hereto and made a part hereof. Dated: rank M. Cassara, Esq. Senior Associate Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 20-088634 2 of 6 FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021 SCHEDULE A – LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and Improvements thereon erected, situate. lying and being in the Town of Babylon, Suffolk County and State of New York, known and designated as Lot 1664 on a certain map entitled "Map of Belmont Parkway Estates. Section 3, adjoining State Park, Babylon, Suffolk County. New York, property of Cadman H. Frederick, 258 Broadway. New York City" dated June 10, 1926, surveyed by George H. Walbridge, Civil Engineer and Surveyor, Babylon, New York, and filed in the Suffolk County Clerk's Office on June 21, 1926, as Map No. 1005, which said lot is bounded and described according to said map as follows: BEGINNING at a point on the easterly side of Westchester Avenue where the division line between lots 1663 and 1664 as shown on aforesaid map. said point being distant 100 feet southerly from the corner formed by the intersection of the southerly side of Bailey street and the easterly side of Westchester Avenue; RUNNING THENCE sot 78 degrees 09 minutes 09 seconds east 100 feet; RUNNING THENCE south 11 degrees 50 minutes 51 seconds west, 100 feet; THENCE north 78 degrees 09 minutes 09 seconds west. 100 feet to the easterly side of Westchester Avenue; THENCE along the easterly side of Westchester Avenue. north 11 degrees 50 minutes 51 seconds east, 100 feet to the point or place of BEGINNING. 20-088634 3 of 6 FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021 TO: THE CLERK OF THE COUNTY OF SUFFOLK: You are hereby directed to index the within Notice of Pendency of Action to the name(s) of all of the Defendant(s) herein and the Section, Block and Lot(s) and/or property address as set forth below: District100 Section 137 Block3 Lot 80 Property Address: 79 Westchester Avenue, West Babylon, NY 11704 Dated: Frank M. Cassara, Esq. Senior Associate Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 4 of 6 FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021 CERTIFICATION BY ATTORNEY I, Frank M. Cassara, am an attorney duly admitted to the practice of law in the State of New York. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys for Plaintiff, U.S. Bank National Association, as Trustee for BNC Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, in the above captioned civil action. I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the Notice of Pendency in this action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of the Rules of the Chief Administrator (22NYCRR). Dated: (f) M. Cassara, Esq. Senior Associate Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 5 of 6 FILED: SUFFOLK COUNTY CLERK 06/15/2021 02:40 PM INDEX NO. 611334/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/15/2021 REAL PROPERTY TAX SERVICE AGENCY VERIFICATION P S R CLA A 6/15/2021 StatlD: 4533617 Tax Map #'s:0100-137.00-03.00-080.000 6 of 6