On February 28, 2024 a
Party Statement
was filed
involving a dispute between
U.S. Bank Trust National Association, As Trustee Of Cabana Series V Trust,
and
Capital One Bank,
Cavalry Spv I, Llc, As Assignee Of Synchrony Bank Formerly Known As Ge Capital Retail Bank,
Irfan Nazeer,
John Doe And Jane Doe,
Nuno M. Vincente,
Saima Mohammed,
Sustainable Neighborhoods Llc,
Td Bank Usa, N.A.,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Orange County.
Preview
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
____________________________________________________________________Ç
U.S. BANK TRUST NATIONAL ASSOCIATION, AS Index No.
TRUSTEE OF CABANA SERIES V TRUST,
CERTIFICATE OF MERIT
Plaintiff PURSUANT TO CPLR3012-B
-against-
Mortgaged Premises:
IRFAN NAZEER; SAIMA MOHAMMED; CAPITAL 1683 State Highway 300
ONE BANK (USA), N.A.; NUNO M. VICENTE; Newburgh, NY 12550
CAVALRY SPV I, LLC, AS ASSIGNEE OF
SYNCHRONY BANK FORMERLY KNOWN AS GE Section: 16
CAPITAL RETAIL BANK; SUSTAINABLE Block: 2
NEIGHBORHOODS LLC; TD BANK USA, N.A.; Lot: 3
DOE" DOE"
"JOHN AND "JANE said names being
fictitious, it being the intention of Plaintiff to designate
any and all occupants of premises being foreclosed
herein,
Defendants
____________________________________________________________________Ç
1. I am an attorney at law duly licensed in the State of New York, and am affiliated with the
law finn of FRIEDMAN VARTOLO LLP attorneys for Plaintiff, U.S. Bank Trust National Association, as
Trustee of Cabana Series V Trust (hereinafter "Plaintiff') in this action.
2. This residential foreclosure action involves a home loan, as such term is defined in Real
Property Actions and Proceedings Law §1304. Upon information and belief, defendants, Irfan Nazeer
and Saima Mohammed, (hereinafter "Defendants"), are residents of the property subject to foreclosure.
3. I have reviewed the facts of this case and reviewed pertinent documents, including the
mortgage, security agreement and note or bond underlying the mortgage executed by Defendants, all
instruments of assignment (if any) and all other instruments of indebtedness including any modification,
extension, and consolidation.
4. Ihave consulted about the facts of this case with the following representatives of Plaintiff:
Name: Skyler Robison
Title: Asset Manager of SN Servicing Corporation, as servicer for Plaintiff, U.S. Bank Trust National
Association, as Trustee of Cabana Series V Trust
Firm Case No. 230784-1
Filed in Orange County 02/28/2024 09:05:31 PM $0.00 1 of
Bk: 5156 2 Pg: 1482 Index: # EF001678-2024 Clerk: SW
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/28/2024
5. Upon this review and consultation, to the best of my knowledge, information, and belief,
I certify that there is reasonable basis for the commencement of this action, and that Plaintiff is the
creditor entitled to enforced rights under these documents.
6. Listed in Exhibit A and attached hereto are copies of the following documents not
otherwise included as attachments to the summons and complaint: the mortgage, security agreement and
note or bond underlying the mortgage executed by the defendant; all instruments of assignments (if any);
and any other instruments of indebtedness, including any modification, extension, and consolidation.
(Check box if no documents are attached in Exhibit A: [X]).
7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain
documents as described in Paragraph 6 supra are lost, whether by destruction, theft, or otherwise. (Check
box if no documents are attached in Exhibit B: [X]).
8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR
Part 1200) and 22 NYCRR Part 130.
Dated: February 28, 2024
Garden City, NY
Antho¿ff Orti
FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, NY 11530
T: (212) 471-5100
Firm Case No.230784-1
2 of 2
Document Filed Date
February 28, 2024
Case Filing Date
February 28, 2024
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ____________________________________________________________________Ç U.S. BANK TRUST NATIONAL ASSOCIATION, AS Index No. TRUSTEE OF CABANA SERIES V TRUST, CERTIFICATE OF MERIT Plaintiff PURSUANT TO CPLR3012-B -against- Mortgaged Premises: IRFAN NAZEER; SAIMA MOHAMMED; CAPITAL 1683 State Highway 300 ONE BANK (USA), N.A.; NUNO M. VICENTE; Newburgh, NY 12550 CAVALRY SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK FORMERLY KNOWN AS GE Section: 16 CAPITAL RETAIL BANK; SUSTAINABLE Block: 2 NEIGHBORHOODS LLC; TD BANK USA, N.A.; Lot: 3 DOE" DOE" "JOHN AND "JANE said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants ____________________________________________________________________Ç 1. I am an attorney at law duly licensed in the State of New York, and am affiliated with the law finn of FRIEDMAN VARTOLO LLP attorneys for Plaintiff, U.S. Bank Trust National Association, as Trustee of Cabana Series V Trust (hereinafter "Plaintiff') in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law §1304. Upon information and belief, defendants, Irfan Nazeer and Saima Mohammed, (hereinafter "Defendants"), are residents of the property subject to foreclosure. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by Defendants, all instruments of assignment (if any) and all other instruments of indebtedness including any modification, extension, and consolidation. 4. Ihave consulted about the facts of this case with the following representatives of Plaintiff: Name: Skyler Robison Title: Asset Manager of SN Servicing Corporation, as servicer for Plaintiff, U.S. Bank Trust National Association, as Trustee of Cabana Series V Trust Firm Case No. 230784-1 Filed in Orange County 02/28/2024 09:05:31 PM $0.00 1 of Bk: 5156 2 Pg: 1482 Index: # EF001678-2024 Clerk: SW FILED: ORANGE COUNTY CLERK 02/28/2024 09:05 PM INDEX NO. EF001678-2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/28/2024 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforced rights under these documents. 6. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments of assignments (if any); and any other instruments of indebtedness, including any modification, extension, and consolidation. (Check box if no documents are attached in Exhibit A: [X]). 7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in Paragraph 6 supra are lost, whether by destruction, theft, or otherwise. (Check box if no documents are attached in Exhibit B: [X]). 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: February 28, 2024 Garden City, NY Antho¿ff Orti FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, NY 11530 T: (212) 471-5100 Firm Case No.230784-1 2 of 2