Document for Federal Home Loan Mortgage Corporation, As Trustee For The Benefit Of The Freddie Mac Seasoned Credit Risk Transfer Trust, Series 2023-1 v. Cynthia Staunches, David Staunches, Hsbc Bank Nevada Na, Equable Ascent Financial, Llc, Cach, Llc, Glens Falls Hospital, Capital One Bank (Usa), N.A., 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

• 
• 
• 
• 

						
                                
Preview
                                FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM                                                     INDEX NO. EF2024-72440
NYSCEF DOC. NO. 4                                                                             RECEIVED NYSCEF: 03/25/2024




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF WARREN
          ------------------------------------------------------------------X      Index #:
          Federal Home Loan Mortgage Corporation, as Trustee for
          the benefit of the Freddie Mac Seasoned Credit Risk
          Transfer Trust, Series 2023-1
                                                    Plaintiff,                     CERTIFICATE OF MERIT
                                                                                   PURSUANT TO CPLR 3012-b
          -against-

          Cynthia Staunches, David Staunches, HSBC Bank Nevada           Mortgaged Premises: 196
          NA, Equable Ascent Financial, LLC, Cach, LLC, Glens Falls Sanford Street, Glens Falls, NY
          Hospital, Capital One Bank (USA), N.A., and "JOHN DOE 12801
          #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.
          ------------------------------------------------------------------X


                  1.       I am an attorney at law duly licensed to practice in the state of New York and am
                           affiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP,
                           the attorney for Plaintiff, Federal Home Loan Mortgage Corporation, as Trustee for
                           the benefit of the Freddie Mac Seasoned Credit Risk Transfer Trust, Series 2023-1,
                           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, David Staunches and Cynthia Staunches 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
                           defendant, all instruments of assignment (if any), and all the other instruments of
                           indebtedness including any modification, extension, and consolidation.

                  4.       I have consulted about the facts of this case with the following representative of
                           plaintiff:

                           Name                                                 Title

                  Mary Monta-Adrovel                                  Document Verification Specialist




                                                              1 of 2
FILED: WARREN COUNTY CLERK 03/25/2024 01:14 PM                                                INDEX NO. EF2024-72440
NYSCEF DOC. NO. 4                                                                      RECEIVED NYSCEF: 03/25/2024




                5.     Upon this review and consultation, to the best of my knowledge, information and
                       belief, I certify that there is a reasonable basis for the commencement of this action,
                       and that plaintiff is the creditor entitled to enforce 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 assignment (if any); and any other instrument of
                       indebtedness, including any modification, extension and consolidation. (Check box if
                       no documents are attached in Exhibit A: G.)

                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: þ.)


                8.     I am aware of my obligations under New York Rules of Professional Conduct (22
                       NYCRR Part 1200) and 22 NYCRR Part 130.




          Dated: March 22, 2024


                                                              Deana Cheli, Esq.




                                                      2 of 2