Preview
FILED: STEUBEN COUNTY CLERK 03/12/2020 11:12 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/12/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
U.S. Bank National Association, not in its individual capacity Index #:
but solely as Trustee for the CIM Trust 2018-R5 Mortgage- Filed:
Backed Notes, Series 2018-R5
NOTICE OF PENDENCY
Plaintiff, OF ACTION
-against-
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the
Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons
a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller,
Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of
Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a
Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter
Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons
a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons
a/k/a Michelle Marie Miller, East Resources, Inc., LVNV
Funding LLC, Citibank South Dakota, NA, Donald Smith,
DMD, PC, Discover Bank, Ira Davenport Memorial Hospital,
Inc., New York State Department of Taxation and Finance,
United States of America, Capital One Bank (USA), N.A.,
Corning Hospital, Unknown Heirs and Distributees of the
Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons
a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller
and "JOHN DOE #1" through "JOHN DOE #10", the last ten
names being fictitious and unknown to the plaintiff, the person
or parties intended being the persons or parties, if any, having
or claiming an interest in or lien upon the mortgaged premises
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 mortgage, dated March 09, 2006, executed by Michelle M. Fitzsimmons, as
mortgagor, to American General Home Equity, Inc., as mortgagee, to secure the sum of $53,000.00,
and recorded in the Office of the Clerk of the County of Steuben on March 23, 2006 at Book 2591
, at Page 80. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated
February 1, 2013 and recorded March 17, 2014 in Book 3785 at Page 23 which created a single lien
in the amount of $58,049.57. Thereafter, an assignment into U.S. Bank National Association, as
Indenture Trustee for Springleaf Mortgage Loan Trust 2012-2 was dated November 4, 2015 and
recorded November 19, 2015 in Book 3992 at Page 193. Thereafter, an assignment into U.S. Bank
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FILED: STEUBEN COUNTY CLERK 03/12/2020 11:12 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/12/2020
National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5
Mortgage-Backed Notes, Series 2018-R5 was dated January 3, 2020 and recorded on February 12,
2020 in Book 4501 at Page 126.
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 1105 Caton Bypass Road a/k/a 1105 Telephone Road, Corning, NY 14830, County
of Steuben, State of New York at Section 390.11, Block 01, Lot 034.000.
The Clerk of the County of Steuben is directed to index this notice to the names of all of the
above defendants. The premises is known as 1105 Caton Bypass Road a/k/a 1105 Telephone Road,
Corning, NY 14830, in Steuben County, New York.
Dated: Bay Shore, New York
March 11, 2020
Yours, etc.,
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
SECTION 390.11 Todd Falasco
BLOCK 01 Attorneys for Plaintiff
LOT 034.000 53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Our File No.: 01-093322-F00
2 of 4
Page 3 of 15
INDEX NO. E2020-0349CV
FILED: STEUBEN COUNTY CLERK 03/12/2020
EXHIBIT A 11:12 AM
NYSCEF DOC. NO. 2 Title 365 Inc RECEIVED NYSCEF: 03/12/2020
420 Rouster Road, Bldg 3
Coraopolis, PA 15108
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
Title No.
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE Town of Caton, County of
Steuben, and State of New York, described as follows: Beginning at the center of the
highway running east and west through Caton Center at the northeast corner of lands
now or formerly owned by George A. Richards; thence south along said Richards east
line to lands now or formerly owned by N.C. Harrison; thence east to lands owned
now or formerly by Harriet Wilcox; thence north along the west line of the said
premises of Wilcox to the center of the said highway; thence west along the center of
the said highway to the place of beginning.
EXCEPTING all that tract or parcel of land situate in the Town of Caton, County of
Steuben, and State of New York, designated as Parcels 0.11 and 0.18 of the Caton-
Corning State Highway No. 850, containing 0.01 acre and 0.004 acre, respectively,
conveyed by Brace to the County of Steuben by Deed dated the 21st day of
December, 1938, and recorded in the Steuben County Clerk's Office in Liber 474 of
Deeds at page 445.
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FILED: STEUBEN COUNTY CLERK 03/12/2020 11:12 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/12/2020
Index #:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
=================================================================
U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust
2018-R5 Mortgage-Backed Notes, Series 2018-R5,
Plaintiff,
- against -
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle
Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle
Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a
Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, East
Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD,
PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of
Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning
Hospital, Unknown Heirs and Distributees of the Estate of Michelle M Fitzsimmons a/k/a
Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, and
"JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and
unknown to the plaintiff, the person or parties intended being the persons or parties, if any,
having or claiming an interest in or lien upon the mortgaged premises described in the
Complaint,
Defendants.
==================================================================
NOTICE OF PENDENCY OF ACTION
==================================================================
FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
Fax (631) 982-1458
Our File No.: 01-093322-F00
==================================================================
To
Attorney(s) for
==================================================================
Service of a copy of the within
is hereby admitted.
Dated,
Attorney(s) for
=================================================================
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Preview
FILED: STEUBEN COUNTY CLERK 03/12/2020 11:12 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN U.S. Bank National Association, not in its individual capacity Index #: but solely as Trustee for the CIM Trust 2018-R5 Mortgage- Filed: Backed Notes, Series 2018-R5 NOTICE OF PENDENCY Plaintiff, OF ACTION -against- Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital, Unknown Heirs and Distributees of the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises 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 mortgage, dated March 09, 2006, executed by Michelle M. Fitzsimmons, as mortgagor, to American General Home Equity, Inc., as mortgagee, to secure the sum of $53,000.00, and recorded in the Office of the Clerk of the County of Steuben on March 23, 2006 at Book 2591 , at Page 80. Thereafter, the loan was modified pursuant to a Loan Modification Agreement dated February 1, 2013 and recorded March 17, 2014 in Book 3785 at Page 23 which created a single lien in the amount of $58,049.57. Thereafter, an assignment into U.S. Bank National Association, as Indenture Trustee for Springleaf Mortgage Loan Trust 2012-2 was dated November 4, 2015 and recorded November 19, 2015 in Book 3992 at Page 193. Thereafter, an assignment into U.S. Bank 1 of 4 FILED: STEUBEN COUNTY CLERK 03/12/2020 11:12 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/12/2020 National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5 was dated January 3, 2020 and recorded on February 12, 2020 in Book 4501 at Page 126. 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 1105 Caton Bypass Road a/k/a 1105 Telephone Road, Corning, NY 14830, County of Steuben, State of New York at Section 390.11, Block 01, Lot 034.000. The Clerk of the County of Steuben is directed to index this notice to the names of all of the above defendants. The premises is known as 1105 Caton Bypass Road a/k/a 1105 Telephone Road, Corning, NY 14830, in Steuben County, New York. Dated: Bay Shore, New York March 11, 2020 Yours, etc., Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP SECTION 390.11 Todd Falasco BLOCK 01 Attorneys for Plaintiff LOT 034.000 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Our File No.: 01-093322-F00 2 of 4 Page 3 of 15 INDEX NO. E2020-0349CV FILED: STEUBEN COUNTY CLERK 03/12/2020 EXHIBIT A 11:12 AM NYSCEF DOC. NO. 2 Title 365 Inc RECEIVED NYSCEF: 03/12/2020 420 Rouster Road, Bldg 3 Coraopolis, PA 15108 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Title No. ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE Town of Caton, County of Steuben, and State of New York, described as follows: Beginning at the center of the highway running east and west through Caton Center at the northeast corner of lands now or formerly owned by George A. Richards; thence south along said Richards east line to lands now or formerly owned by N.C. Harrison; thence east to lands owned now or formerly by Harriet Wilcox; thence north along the west line of the said premises of Wilcox to the center of the said highway; thence west along the center of the said highway to the place of beginning. EXCEPTING all that tract or parcel of land situate in the Town of Caton, County of Steuben, and State of New York, designated as Parcels 0.11 and 0.18 of the Caton- Corning State Highway No. 850, containing 0.01 acre and 0.004 acre, respectively, conveyed by Brace to the County of Steuben by Deed dated the 21st day of December, 1938, and recorded in the Steuben County Clerk's Office in Liber 474 of Deeds at page 445. 3 of 4 FILED: STEUBEN COUNTY CLERK 03/12/2020 11:12 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/12/2020 Index #: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN ================================================================= U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5, Plaintiff, - against - Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital, Unknown Heirs and Distributees of the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. ================================================================== NOTICE OF PENDENCY OF ACTION ================================================================== FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 Fax (631) 982-1458 Our File No.: 01-093322-F00 ================================================================== To Attorney(s) for ================================================================== Service of a copy of the within is hereby admitted. Dated, Attorney(s) for ================================================================= 4 of 4