On August 18, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Keybank, N.A.,
and
Carla D. Keefer,
David Keefer,
John Doe And Jane Doe Said Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Lewis County.
Preview
FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO. EFCA2023-000296
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/09/2023
EXHIBIT H
FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO.EFCA2023-000296
NDEX NO.
EFCA2023-000296
IFILED: LEWIS COUNTY CLERK 08/18/2023 04 :09 PM
NYSCEF
NYSCEF
DOC. NO. 292
DOC . No.
RECEIVED NYSCEF:
RECETVED
NYSCEF:C8/18/2023
11/09/2023
STATE Ol NEW YORK
SUPREME COURT COUNTY OF I EWIS
KEYBANK, N.A.
NOTICE OF
PENDENCY
Plaintiff. OF ACTION
vs
DAVlD KEEFER; CARLA D. KEEFER;
DOE" DOE"
"JOHN AND "JANE said Index No
names being fictitious, it being the intention of
Plaintiff to designate any and all occupants of premises
being foreclosed herein,
Defendants.
NOTICE IS HEREBY GlVEN, that an action has been commenced and is now pending
in the SUPREME Court of].EWIS County upon the Complaint of the above plaintiff against the
above named defendant(s) for the foreclosure of a mortgage bearing the date January 19, 2006,
executed DAVID KEEFER, to secure the sum of $80,500.00 and recorded in Instrument No.
by
2006-00366, in the Office of the Clerk of the County of LEWIS on January 31. 2006.
AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such
affected by the said foreclosure action. were. at the time of the commencement of
mortgage(s)
this action, and at the time of the of this Notice, situated in the County ofI.EWIS and State
filing
Description"
of New York. and are described in "Schedule A - 1.egal attached here10 and made a
part hereof.
1 of 4
FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO.
INDEX
NO.EFCA2023
EFCA2023-000296
000296
(FILED: LEWIS COUNTY CLERK 08/18/2023 04 : 09 PM|
NYSCEF
NYSCEF
DOC.
DOC.
NO.
NO.
292 RECEIVEDKYSCEF:
RECE1VED
NYSCEF:08/18/2023
11/09/2023
The Clerk of the County of I.EWIS, is directed to index this Notice against the names of
all the defendant(s).
DATED: August . 2023 ,,
Ma K. Broyles, 1 .q
SlRILA'
1 EIN, 'R. NE. LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
FKNC3238
Mortgaged]!remises Infoinmtion:
Property Address: 5509 River Street, Lowville, NY 13367
Also known as: Section 212.12. Block 06 in Tax Lot 25.000 on the Tax Assessment map of the
TOWN of LOWVil.1,E NY 13367.
Mortgage Servicer information:
Name: KeyBank, N.A.
Contact Phone Number: 1-866-325-9653
2 of 4
FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO. EFCA2023-000296
INDEX NO. EFCA2C23 -CCC296
(FILED: LEWIS COUNTY CLERK 08/18/2023 04:09 PMj
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/09/2023
NYSCI F Dor . No. 2 RECEIVED NYSCEF: CB/18/2023
"A"
SCIIEDUll iÆGAL DESCRIPTION
Al I TF1AT TRACT OR PARCHL Of ] AND situate in the Town of Lowville. County of 1.cwis
and State ofNew York. and known as building lot off of the West end of the land deeded to
Jabez Caner Charles Dayan and wife, and adjoining the land conveyed to David Scotield and
by
4 rods from the Southeast corner of said Sco elds lot on the center of the road
running Easterly
from Leonards Mill (so to the Spefford landing; thence Northerly and parallel
running called)
with the East linc of said Scofields lot to the North line of said Carter's land; thence Westerly 4
rods to said Scofields and thence to the place of beginning and being part of the
land; Southerly
premises occupied by Michael Kieb, deceased.
lately
ALSO ALL T1IAT CERTAIN PIECE OR PARCEL OF LAND, situate in the Village of
Lewis New York. known as the Dayan lot of River Street, (so called) East of
Lowville, County,
and the lot owned and occupied Michael Kieb, deceased, said lot is 2 rods
adjoining lately by
wide in front and rear and back towards Mill Street so far as the other lot or lots of said
running
Jabez Carter (also the same premises contracted by said Jabez Carter to said
deceased) being
Michael Kieb by contract dated November 13, I866.
Premises: 5509 River Street, Lowville. NY 13367
Tax Parcel ID No.: Section: 212.12 Block: 06 Lot: 25.000
3 of 4
FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO. EFCA2023-000296
DOEX NC. EFCA2023-OCO296
(FILED : LEWIS COUNTY CLERK 0 8 18 2 0 2 3 0 4 : 0 9 / / PM|
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/09/2023
NVSCEF IXX. NO. 2 RECElVEC NVSCEF: 08/l8/2C23
Mark li IJroy|e3 ESQu an attorney duly licensed to practice in the State ofNew York, and a partner in
thc law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents:
NOTICE OF APPEARANCE lN MORTGAGE FORECl OSURE
NOTICE OF APPEARANCE AND WAlVER IN MORTGAGE FORECl OSURE
AFF1RMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
FlLED
SUPPLEMENTAL AFFIDAVIT (AFFlDAVlT OF TENANCY)
AFFIDAVITS lN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
AFFIDAVITS OF SERVICE
X NOTICE OF PENDENCY OF ACT1ON
SUMMONS
COMPLAINT
AMENDED NOT1CE OF PENDENCY OF ACTION
SUPPLEMENTAl. SUMMONS
AMENDED COMPLAINT
ANSWER
AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
REFEREE'S OATH & REPORT OF AMOUNT DUE
REFEREE'S REPORT OF SALE
STIPULATION CANCEL
TO LlS PENDENS
AFFIDAVlT TO ACCOMPANY STIPULATlON TO CANCEL LIS PENDENS
MEMORANDUM & 't ERMS OF SALE
ATTORNEY AFFlRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE &
SALE
ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECl.OSURE &
SALE
ORDER TO CANCEL LIS PENDENS AND VACATE JUT)GEMENT OF
FORECl,OSURE
AFFIRMATION tN SUPPORT OF TilE ORDER TO CANCEL LIS PENDENS
AFFlf)AVlT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
JUDGMENT
FOREBEARANCF AGREEMENT
ATTORNEY AFFlRMATION IN SUPPORT OF ORDER FOR SERVlCE BY
PUBLICATION
ATTORNEY AFFIRMATIONOF REGUl.ARITY
that to his knowledge, information and belief. formed after an inquiry reasonab|c under the cucumstances,
the presentation of the paper or contentions therein are nol frivolous as delined in subsection (c) of
section I30-l.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1(c)j
August . 2023 c ,C
Dated . lark K. Broyle.. I s 1.
4 of 4
Document Filed Date
November 09, 2023
Case Filing Date
August 18, 2023
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO. EFCA2023-000296 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/09/2023 EXHIBIT H FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO.EFCA2023-000296 NDEX NO. EFCA2023-000296 IFILED: LEWIS COUNTY CLERK 08/18/2023 04 :09 PM NYSCEF NYSCEF DOC. NO. 292 DOC . No. RECEIVED NYSCEF: RECETVED NYSCEF:C8/18/2023 11/09/2023 STATE Ol NEW YORK SUPREME COURT COUNTY OF I EWIS KEYBANK, N.A. NOTICE OF PENDENCY Plaintiff. OF ACTION vs DAVlD KEEFER; CARLA D. KEEFER; DOE" DOE" "JOHN AND "JANE said Index No names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. NOTICE IS HEREBY GlVEN, that an action has been commenced and is now pending in the SUPREME Court of].EWIS County upon the Complaint of the above plaintiff against the above named defendant(s) for the foreclosure of a mortgage bearing the date January 19, 2006, executed DAVID KEEFER, to secure the sum of $80,500.00 and recorded in Instrument No. by 2006-00366, in the Office of the Clerk of the County of LEWIS on January 31. 2006. AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such affected by the said foreclosure action. were. at the time of the commencement of mortgage(s) this action, and at the time of the of this Notice, situated in the County ofI.EWIS and State filing Description" of New York. and are described in "Schedule A - 1.egal attached here10 and made a part hereof. 1 of 4 FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO. INDEX NO.EFCA2023 EFCA2023-000296 000296 (FILED: LEWIS COUNTY CLERK 08/18/2023 04 : 09 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 292 RECEIVEDKYSCEF: RECE1VED NYSCEF:08/18/2023 11/09/2023 The Clerk of the County of I.EWIS, is directed to index this Notice against the names of all the defendant(s). DATED: August . 2023 ,, Ma K. Broyles, 1 .q SlRILA' 1 EIN, 'R. NE. LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 FKNC3238 Mortgaged]!remises Infoinmtion: Property Address: 5509 River Street, Lowville, NY 13367 Also known as: Section 212.12. Block 06 in Tax Lot 25.000 on the Tax Assessment map of the TOWN of LOWVil.1,E NY 13367. Mortgage Servicer information: Name: KeyBank, N.A. Contact Phone Number: 1-866-325-9653 2 of 4 FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO. EFCA2023-000296 INDEX NO. EFCA2C23 -CCC296 (FILED: LEWIS COUNTY CLERK 08/18/2023 04:09 PMj NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/09/2023 NYSCI F Dor . No. 2 RECEIVED NYSCEF: CB/18/2023 "A" SCIIEDUll iÆGAL DESCRIPTION Al I TF1AT TRACT OR PARCHL Of ] AND situate in the Town of Lowville. County of 1.cwis and State ofNew York. and known as building lot off of the West end of the land deeded to Jabez Caner Charles Dayan and wife, and adjoining the land conveyed to David Scotield and by 4 rods from the Southeast corner of said Sco elds lot on the center of the road running Easterly from Leonards Mill (so to the Spefford landing; thence Northerly and parallel running called) with the East linc of said Scofields lot to the North line of said Carter's land; thence Westerly 4 rods to said Scofields and thence to the place of beginning and being part of the land; Southerly premises occupied by Michael Kieb, deceased. lately ALSO ALL T1IAT CERTAIN PIECE OR PARCEL OF LAND, situate in the Village of Lewis New York. known as the Dayan lot of River Street, (so called) East of Lowville, County, and the lot owned and occupied Michael Kieb, deceased, said lot is 2 rods adjoining lately by wide in front and rear and back towards Mill Street so far as the other lot or lots of said running Jabez Carter (also the same premises contracted by said Jabez Carter to said deceased) being Michael Kieb by contract dated November 13, I866. Premises: 5509 River Street, Lowville. NY 13367 Tax Parcel ID No.: Section: 212.12 Block: 06 Lot: 25.000 3 of 4 FILED: LEWIS COUNTY CLERK 11/09/2023 10:47 AM INDEX NO. EFCA2023-000296 DOEX NC. EFCA2023-OCO296 (FILED : LEWIS COUNTY CLERK 0 8 18 2 0 2 3 0 4 : 0 9 / / PM| NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/09/2023 NVSCEF IXX. NO. 2 RECElVEC NVSCEF: 08/l8/2C23 Mark li IJroy|e3 ESQu an attorney duly licensed to practice in the State ofNew York, and a partner in thc law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or documents: NOTICE OF APPEARANCE lN MORTGAGE FORECl OSURE NOTICE OF APPEARANCE AND WAlVER IN MORTGAGE FORECl OSURE AFF1RMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FlLED SUPPLEMENTAL AFFIDAVIT (AFFlDAVlT OF TENANCY) AFFIDAVITS lN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT AFFIDAVITS OF SERVICE X NOTICE OF PENDENCY OF ACT1ON SUMMONS COMPLAINT AMENDED NOT1CE OF PENDENCY OF ACTION SUPPLEMENTAl. SUMMONS AMENDED COMPLAINT ANSWER AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT REFEREE'S OATH & REPORT OF AMOUNT DUE REFEREE'S REPORT OF SALE STIPULATION CANCEL TO LlS PENDENS AFFIDAVlT TO ACCOMPANY STIPULATlON TO CANCEL LIS PENDENS MEMORANDUM & 't ERMS OF SALE ATTORNEY AFFlRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECl.OSURE & SALE ORDER TO CANCEL LIS PENDENS AND VACATE JUT)GEMENT OF FORECl,OSURE AFFIRMATION tN SUPPORT OF TilE ORDER TO CANCEL LIS PENDENS AFFlf)AVlT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT FOREBEARANCF AGREEMENT ATTORNEY AFFlRMATION IN SUPPORT OF ORDER FOR SERVlCE BY PUBLICATION ATTORNEY AFFIRMATIONOF REGUl.ARITY that to his knowledge, information and belief. formed after an inquiry reasonab|c under the cucumstances, the presentation of the paper or contentions therein are nol frivolous as delined in subsection (c) of section I30-l.1 of the Rules of the Chief Administrator [22NYCRR 130-1.1(c)j August . 2023 c ,C Dated . lark K. Broyle.. I s 1. 4 of 4