Preview
FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
STATE OF NEW YORK
SUPREME COURT : COUNTY OF DELAWARE
________________--.-----------_________.
REGINALD PECK,
Petitioner,
-against- PETITION FOR DISCHARGE
OF MORTOAGE OF RECORD
AMERIQUEST MORTOAGE Index No.:
COMPANY, its successors and/or assigns,
Respondent.
_____..__............................._.........------
Petitioner, Reginald Peck, by and through his attorney, Eric V. Jervis of Harlem & Jervis,
alleges as follows:
1. Petitioner, Reginald Peck, is the owner of real property located at 1681 Parker
Hollow Road, Town of Masonville, County of Delaware and State of New York.
2. The property described in paragraph 1 (hereinafter "the property") was acquired by
the petitioner, together with his spouse, by two separate deeds, the first by deed dated
September 4, 1969, and subsequently recorded in the Delaware County Clerk's Office
in Liber 499 of Deeds, at page 294 on September 4, 1969, and the second by deed
dated September 9, 1976, and subsequently recorded in the Delaware County Clerk's
Office in Liber 566 of Deeds, at page 550 on September 13, 1976. A copy of the
subject deeds are attached hereto as Exhibit A.
3. The petitioner's spouse, Carol Peck, passed away on November 28, 2013. The
petitioner is the surviving tenant by the entirety.
4. On June 14, 2005, the petitioner and his spouse executed a mortgage to Ameriquest
Mortgage Company ("Ameriquest Mortgage"), with said mortgage being secured by
the property. The mortgage was subsequently recorded in the Delaware County
Clerk's Office in Liber 1261 of Mortgages, at page 175 on June 29, 2005. A copy of
the subject mortgage is attached hereto as Exhibit B.
5. In September, 2006, petitioner refinanced the loan secured by the mortgage in
paragraph 4. At the closing, a check was issued to pay off the Ameriquest Mortgage.
6. Petitioner has since refinanced on two additional occasions.
7. In 2018 the petitioner attempted to sell the property, and listed the same for sale with
a realtor. He received an acceptable offer, and entered into a contract to sell the
property.
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8. The potential buyer had a title search performed, and it was thereafter discovered that
the Ameriquest Mortgage had not been discharged of record.
9. Petitioner and petitioner's attorneys/agents have made numerous attempts to secure a
mortgage discharge of the Ameriquest Mortgage, all to no avail.
10. Upon information and belief, Ameriquest Mortgage Company was a sub-prime
mortgage lender that was shut down in 2007. See attached Exhibit C.
11. As noted above, numerous attempts were made to contact Ameriquest Mortgage and
entities that may be the successor in interest to Ameriquest Mortgage. Attached
hereto as Exhibit D are copies of various letters sent to CitiMortgage, Qcwen Loan
Servicing, PHH Mortgage Services, and Ameriquest Mortgage. In addition, the
petitioner contacted the New York State Department of Financial Services in hopes
that said department may be able to assist in identifying Ameriquest Mortgage's
successor in interest, if any. The only responses received by the petitioner were from
CitiMortgage and the New York State Department of Financial Services. The
foregoing entities could not assist.
12. In addition to the foregoing, petitioner's undersigned attorney has reached out to
Network Title Agency, an agency that specializes in securing and tracking down
successors to mortgage companies that may no longer be active for purposes of
obtaining a discharge of mortgage for recording. Unfortunately Network Title
Agency was unable to assist as the petitioner does not have a copy of the closing
papers from the 2006 refinance which paid off the Ameriquest Mortgage. See
attached Exhibit E.
13. As noted above, in 2006 petitioner paid off the loan which is secured by the
Ameriquest Mortgage, which remains open of record. Since 2006, no demands have
been made by Ameriquest Mortgage, its successors, if any, to the petitioner for
payment. Without obtaining an order directing the County Clerk to mark the
Ameriquest Mortgage "discharged of record", petitioner will not be able to provide
clear title and sell the subject property.
14. This petition is filed together with an Order to Show Cause. It is requested that the
Court direct how Ameriquest Mortgage is to be served, as it appears to be a company
that is no longer active. It is noted that there are three separate addresses on page 1 of
the Ameriquest Mortgage, which upon information and belief are no longer active.
According to the New York State Division of Corporations, Ameriquest Mortgage is
currently "Inactive". See attached Exhibit F. The petitioner proposes that the Order
to Show Cause be served personally on the New York State Secretary of State,
together with certified mailings to the addresses noted on the face of the mortgage, as
well as to the address listed in Exhibit F.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
15. No previous application for the relief requested herein has been made. An order to
show cause is requested pursuant to New York Real Property Actions and
Proceedings Law Section 1921, under which these proceedings are instituted.
16. WHEREFORE, it is respectfully requested that the Court issue an order cancelling
and discharging the Ameriquest Mortgage recorded in the Delaware County Clerk's
Office on June 29, 2005, in Liber 1261 of Mortgages, at page 175; and directing the
Delaware County Clerk, in whose office the Ameriquest Mortgage has been recorded,
to mark the Ameriquest Mortgage cancelled and discharged, together with such other
and further relief as the Court deems just and proper.
Dated: March 29, 2024
ric . wi , sq.
Harlem & Jervis
Attorneys for Petitioner
493 Chestnut Street, Suite 2
Oneonta, New York 13820
(607) 432-3611
(607) 432-9761 (f)
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VERIFICATION
STATE OF NEW YORK )
COUNTY OF OTSEGO ) ss.:
Reginald Peck, being duly sworn, deposes and says that deponent is the petitioner in this action
and has read the foregoing petition; deponent knows its contents and knows that it is true to the best of
deponent's knowledge, except as to those matters stated to be upon information and belief, and as to
those matters deponent believes them to be true.
Reginald teck
Sworn to before me this
29'l'
day of March, 202N
ublic - ate of New York
Commissi pires:
ERIC V. JERVIS
Public, State of New York
Notay n
Reg. No. 02JE6142405
Qualified in Otsego County
Commission Expires March 20, 20
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Preview
FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 STATE OF NEW YORK SUPREME COURT : COUNTY OF DELAWARE ________________--.-----------_________. REGINALD PECK, Petitioner, -against- PETITION FOR DISCHARGE OF MORTOAGE OF RECORD AMERIQUEST MORTOAGE Index No.: COMPANY, its successors and/or assigns, Respondent. _____..__............................._.........------ Petitioner, Reginald Peck, by and through his attorney, Eric V. Jervis of Harlem & Jervis, alleges as follows: 1. Petitioner, Reginald Peck, is the owner of real property located at 1681 Parker Hollow Road, Town of Masonville, County of Delaware and State of New York. 2. The property described in paragraph 1 (hereinafter "the property") was acquired by the petitioner, together with his spouse, by two separate deeds, the first by deed dated September 4, 1969, and subsequently recorded in the Delaware County Clerk's Office in Liber 499 of Deeds, at page 294 on September 4, 1969, and the second by deed dated September 9, 1976, and subsequently recorded in the Delaware County Clerk's Office in Liber 566 of Deeds, at page 550 on September 13, 1976. A copy of the subject deeds are attached hereto as Exhibit A. 3. The petitioner's spouse, Carol Peck, passed away on November 28, 2013. The petitioner is the surviving tenant by the entirety. 4. On June 14, 2005, the petitioner and his spouse executed a mortgage to Ameriquest Mortgage Company ("Ameriquest Mortgage"), with said mortgage being secured by the property. The mortgage was subsequently recorded in the Delaware County Clerk's Office in Liber 1261 of Mortgages, at page 175 on June 29, 2005. A copy of the subject mortgage is attached hereto as Exhibit B. 5. In September, 2006, petitioner refinanced the loan secured by the mortgage in paragraph 4. At the closing, a check was issued to pay off the Ameriquest Mortgage. 6. Petitioner has since refinanced on two additional occasions. 7. In 2018 the petitioner attempted to sell the property, and listed the same for sale with a realtor. He received an acceptable offer, and entered into a contract to sell the property. 1 of 4 FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 8. The potential buyer had a title search performed, and it was thereafter discovered that the Ameriquest Mortgage had not been discharged of record. 9. Petitioner and petitioner's attorneys/agents have made numerous attempts to secure a mortgage discharge of the Ameriquest Mortgage, all to no avail. 10. Upon information and belief, Ameriquest Mortgage Company was a sub-prime mortgage lender that was shut down in 2007. See attached Exhibit C. 11. As noted above, numerous attempts were made to contact Ameriquest Mortgage and entities that may be the successor in interest to Ameriquest Mortgage. Attached hereto as Exhibit D are copies of various letters sent to CitiMortgage, Qcwen Loan Servicing, PHH Mortgage Services, and Ameriquest Mortgage. In addition, the petitioner contacted the New York State Department of Financial Services in hopes that said department may be able to assist in identifying Ameriquest Mortgage's successor in interest, if any. The only responses received by the petitioner were from CitiMortgage and the New York State Department of Financial Services. The foregoing entities could not assist. 12. In addition to the foregoing, petitioner's undersigned attorney has reached out to Network Title Agency, an agency that specializes in securing and tracking down successors to mortgage companies that may no longer be active for purposes of obtaining a discharge of mortgage for recording. Unfortunately Network Title Agency was unable to assist as the petitioner does not have a copy of the closing papers from the 2006 refinance which paid off the Ameriquest Mortgage. See attached Exhibit E. 13. As noted above, in 2006 petitioner paid off the loan which is secured by the Ameriquest Mortgage, which remains open of record. Since 2006, no demands have been made by Ameriquest Mortgage, its successors, if any, to the petitioner for payment. Without obtaining an order directing the County Clerk to mark the Ameriquest Mortgage "discharged of record", petitioner will not be able to provide clear title and sell the subject property. 14. This petition is filed together with an Order to Show Cause. It is requested that the Court direct how Ameriquest Mortgage is to be served, as it appears to be a company that is no longer active. It is noted that there are three separate addresses on page 1 of the Ameriquest Mortgage, which upon information and belief are no longer active. According to the New York State Division of Corporations, Ameriquest Mortgage is currently "Inactive". See attached Exhibit F. The petitioner proposes that the Order to Show Cause be served personally on the New York State Secretary of State, together with certified mailings to the addresses noted on the face of the mortgage, as well as to the address listed in Exhibit F. 2 of 4 FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 15. No previous application for the relief requested herein has been made. An order to show cause is requested pursuant to New York Real Property Actions and Proceedings Law Section 1921, under which these proceedings are instituted. 16. WHEREFORE, it is respectfully requested that the Court issue an order cancelling and discharging the Ameriquest Mortgage recorded in the Delaware County Clerk's Office on June 29, 2005, in Liber 1261 of Mortgages, at page 175; and directing the Delaware County Clerk, in whose office the Ameriquest Mortgage has been recorded, to mark the Ameriquest Mortgage cancelled and discharged, together with such other and further relief as the Court deems just and proper. Dated: March 29, 2024 ric . wi , sq. Harlem & Jervis Attorneys for Petitioner 493 Chestnut Street, Suite 2 Oneonta, New York 13820 (607) 432-3611 (607) 432-9761 (f) 3 of 4 FILED: DELAWARE COUNTY CLERK 04/11/2024 11:23 AM INDEX NO. EF2024-293 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 VERIFICATION STATE OF NEW YORK ) COUNTY OF OTSEGO ) ss.: Reginald Peck, being duly sworn, deposes and says that deponent is the petitioner in this action and has read the foregoing petition; deponent knows its contents and knows that it is true to the best of deponent's knowledge, except as to those matters stated to be upon information and belief, and as to those matters deponent believes them to be true. Reginald teck Sworn to before me this 29'l' day of March, 202N ublic - ate of New York Commissi pires: ERIC V. JERVIS Public, State of New York Notay n Reg. No. 02JE6142405 Qualified in Otsego County Commission Expires March 20, 20 4 of 4