On April 27, 2021 a
Party Statement
was filed
involving a dispute between
Wells Fargo Bank, National Association
As Trustee For Structured Asset Mortgage Investments Ii Inc. Structred Asset Mortgage Investments Ii Trust 2007-Ar4, Mortgage Pass-Through Certificates Series 2007-As4,
and
Advantage Assets Ii, Inc.,
Capital One Bank,
Internal Revenue Service,
James Smith,
Jane Doe,
John Doe,
Jose Toral,
National City Bank,
New York State Department Of Taxation And Finance,
Petro Inc.,
United States Of America,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. 013699/2013
WELLS FARGO BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. STRUCTURED ASSET MORTGAGE MILITARY SERVICE
INVESTMENTS II TRUST 2007-AR4, MORTGAGE PASS- AFFIRMATION
THROUGH CERTIFICATES, SERIES 2007-AR4,
Plaintiff,
-against-
JOSE TORAL; NATIONAL CITY BANK; INTERNAL REVENUE
SERVICE – UNITED STATES OF AMERICA; CAPITAL ONE
BANK (USA), N.A.; NEW YORK STATE DEPARTMENT OF
TAXATION OF FINANCE; ADVANTAGE ASSETS II, INC.;
PETRO INC.; JAMES SMITH,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
STATE OF NEW YORK )
) SS
COUNTY OF SUFFOLK )
I, Kenneth Sheehan, Esq., the undersigned, hereby affirm, depose and state that:
1. I am over 18 years of age and an employee of Aldridge Pite, LLP, the attorneys for the
Plaintiff in the above entitled cause of action.
2. In compliance with the Service Members Civil Relief Act I believe that the defendant
JOSE TORAL, is not currently in the military service based upon the following: On
November 8, 2023, Aldridge Pite, LLP conducted a search of the Defense Manpower
Data Center (DMDC), an organization of the Department of Defense that maintains the
Defense Enrollment and Eligibility Reporting System database, and as of that date, the
names of Defendant JOSE TORAL, did not appear active on the website. A true and
correct copy of the screen shot from the Defense Manpower Data Center website is
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FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023
attached hereto and incorporated herein by this reference as if fully set forth as Exhibit A.
Executed on this 8th day of November, 2023
By:____________________________
Kenneth Sheehan, Esq.
2 of 6
FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023
EXHIBIT “A”
3 of 6
FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023
Tips & Notes
Single Record Request
" Without a Social Security
Use this page to request a Certificate verifying Active Duty Status for an individual on a specified date.
Number, DMDC cannot
*SSN is NOT required. Un[ess you are a financial institution or otherwise required to collect SSNs. you should not authoritatively assert that this is
the same individual that your
require individuals to provide you váth their SSN for the so[e purpose of conducting a query on this website.
Searches can be conducted using Name and Date of Birth alone. Providing additional details such as First Name. query refers to. Name and date of
birth alone do not uniquely
Middle Name. or SSN. already krowr , will increase the accuracy of the nTatch.
identify an individual.
" Check your data entry before
submitting it.
" Response may take up to 15
seconds after clicking "Submit"
Resources
" Download Adobe Reader
" U_nexpectedResulIts?
Last Name TORAL
First Name JOSE
Middle Name
Active Duty M 11/08/2023
Status Date
MM/DD/YYYY (The default will be set to
today's date)
Terms of Use Agreement
Permissible Uses: Access to this website is restricted to financial institutions, collection agencies, and others with
financial and legal transactions with eligible service members for the sole purpose of ensuring that those service
members receive Servicemembers Civil Relief Act (SCRA) protections in accordance with 50 U .S.C. Chapter 50. All
other use is strictly prohibited.
VIOLATIONS OF THESE TERMS OF USE MAY RESULT IN IMMEDIATE TERMINATION OF ACCESS TO THE
SERVICES OF THIS WEBSITE WITHOUT PRIOR NOTICE.
UNAUTHORIZED ACCESS MAY SUBJECT YOU TO CRIMINAL PENALTIES INCLUD!lNG POTENTIAL FINES
AND IMPRISONMENT IF YOU MAKE A FALSE REPRESENTATION TO GAIN ACCESS TO THiE SERVICES
OFFERED ON THIS WEBSITE OR OBTAIN INFORMATION UNDER FALSE PRETENSES. 18 U.S.C. § 1001
Accept," you indicate that you have read and agree to the Terms of Use and that you
By clicking the box marked "!I
certify, under penalty of perjury, that you are only using this website for the permissible uses identified in this
Agreement.
5 I Accept
Submit Clear
4 of 6
FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013
NYSCEF DOC. NO. 34 RECEIVED
Results as ofNYSCEF: 11/08/2023
Department of Defense Manpower Data Center : Nov-08-2023 09:59:15 AM
SCRA 5.18
Birth Date:
Last Name: TORAL
First Name: JOSE
Middle Name:
Status As Of: Nov-08-2023
Certificate ID: 08SZQSHMRKDTFJR
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
5 of 6
FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013
NYSCEFTheDOC. NO. 34 RECEIVED NYSCEF: 11/08/2023
Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
6 of 6
Preview
FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. 013699/2013 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. STRUCTURED ASSET MORTGAGE MILITARY SERVICE INVESTMENTS II TRUST 2007-AR4, MORTGAGE PASS- AFFIRMATION THROUGH CERTIFICATES, SERIES 2007-AR4, Plaintiff, -against- JOSE TORAL; NATIONAL CITY BANK; INTERNAL REVENUE SERVICE – UNITED STATES OF AMERICA; CAPITAL ONE BANK (USA), N.A.; NEW YORK STATE DEPARTMENT OF TAXATION OF FINANCE; ADVANTAGE ASSETS II, INC.; PETRO INC.; JAMES SMITH, Defendant(s). - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X STATE OF NEW YORK ) ) SS COUNTY OF SUFFOLK ) I, Kenneth Sheehan, Esq., the undersigned, hereby affirm, depose and state that: 1. I am over 18 years of age and an employee of Aldridge Pite, LLP, the attorneys for the Plaintiff in the above entitled cause of action. 2. In compliance with the Service Members Civil Relief Act I believe that the defendant JOSE TORAL, is not currently in the military service based upon the following: On November 8, 2023, Aldridge Pite, LLP conducted a search of the Defense Manpower Data Center (DMDC), an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System database, and as of that date, the names of Defendant JOSE TORAL, did not appear active on the website. A true and correct copy of the screen shot from the Defense Manpower Data Center website is 1 of 6 FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023 attached hereto and incorporated herein by this reference as if fully set forth as Exhibit A. Executed on this 8th day of November, 2023 By:____________________________ Kenneth Sheehan, Esq. 2 of 6 FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023 EXHIBIT “A” 3 of 6 FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/08/2023 Tips & Notes Single Record Request " Without a Social Security Use this page to request a Certificate verifying Active Duty Status for an individual on a specified date. Number, DMDC cannot *SSN is NOT required. Un[ess you are a financial institution or otherwise required to collect SSNs. you should not authoritatively assert that this is the same individual that your require individuals to provide you váth their SSN for the so[e purpose of conducting a query on this website. Searches can be conducted using Name and Date of Birth alone. Providing additional details such as First Name. query refers to. Name and date of birth alone do not uniquely Middle Name. or SSN. already krowr , will increase the accuracy of the nTatch. identify an individual. " Check your data entry before submitting it. " Response may take up to 15 seconds after clicking "Submit" Resources " Download Adobe Reader " U_nexpectedResulIts? Last Name TORAL First Name JOSE Middle Name Active Duty M 11/08/2023 Status Date MM/DD/YYYY (The default will be set to today's date) Terms of Use Agreement Permissible Uses: Access to this website is restricted to financial institutions, collection agencies, and others with financial and legal transactions with eligible service members for the sole purpose of ensuring that those service members receive Servicemembers Civil Relief Act (SCRA) protections in accordance with 50 U .S.C. Chapter 50. All other use is strictly prohibited. VIOLATIONS OF THESE TERMS OF USE MAY RESULT IN IMMEDIATE TERMINATION OF ACCESS TO THE SERVICES OF THIS WEBSITE WITHOUT PRIOR NOTICE. UNAUTHORIZED ACCESS MAY SUBJECT YOU TO CRIMINAL PENALTIES INCLUD!lNG POTENTIAL FINES AND IMPRISONMENT IF YOU MAKE A FALSE REPRESENTATION TO GAIN ACCESS TO THiE SERVICES OFFERED ON THIS WEBSITE OR OBTAIN INFORMATION UNDER FALSE PRETENSES. 18 U.S.C. § 1001 Accept," you indicate that you have read and agree to the Terms of Use and that you By clicking the box marked "!I certify, under penalty of perjury, that you are only using this website for the permissible uses identified in this Agreement. 5 I Accept Submit Clear 4 of 6 FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013 NYSCEF DOC. NO. 34 RECEIVED Results as ofNYSCEF: 11/08/2023 Department of Defense Manpower Data Center : Nov-08-2023 09:59:15 AM SCRA 5.18 Birth Date: Last Name: TORAL First Name: JOSE Middle Name: Status As Of: Nov-08-2023 Certificate ID: 08SZQSHMRKDTFJR On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 5 of 6 FILED: SUFFOLK COUNTY CLERK 11/08/2023 12:25 PM INDEX NO. 013699/2013 NYSCEFTheDOC. NO. 34 RECEIVED NYSCEF: 11/08/2023 Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. 6 of 6