Preview
FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024
STATE OF NEW YORK
SIJPREME COURT COUNTY OF DELAWARE
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
TFIE WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2OO5-PR4 TRUST,
Plaintiff,
-VS- SUMMONS
WIGDOI{ MENDLOVIC; UTA GUNDELACH;
".TOHN DOE" and "JANE DOE" said names being Index No
fictitious, it being the intention of Plaintiff to
designate any and all occupants of premises being
foreclosed herein,
Defendants.
Mor'tgaged Plemises:
47 Wagner Avenue, Fleischrnanns, NY 12430
TO TIIE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
and to serve a copy of your Answer on the plaintiffs attorney within t\ /enty (20) days of the
service ol'this Summons, exclusive of the day of service. orwithir-r thilty (30) days after service
of the same is complete where service is made in any manner other than by pelsonal delivery
within the State. The United States of America, if designated as a clefenciant in this action, may
answer or appear within sixty (60) days of service. Your failure to appear ol to answer will
result in a judgment against you by default for the relief demanded in the Complaint. In the
event that a deficiency balance remains fiom the sale proceeds, ajudgment may be entered
against you, unless the Defendant obtained a bankruptcy clischalge and such other or further
relief as may be just and equitable.
NOTICB
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the
answer on the attorney for the mortgage company who liled this foreclosure
proceeding against you and filing the answer rvith court, a default judgment may be
entered and you can lose your home.
Speal< to anattorney or go to the court where )'our case is pending for further
information on how to answer the summons and protect your property.
1 of 58
FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024
Sending a payment to your mortgage company will not stop this foreclosure action
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING
THE ANSWER WITH THE COURT.
DELAWARE County is designated as the place of trial. The basis of venue is the
location of the mortgaged premises
D^rm?fu'l ,zoz+
les, Es
FEIN, SUCH & LLP
Attorneys for Plaintiff
Office and P.O. Addless
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (5 85)232-7 440
QSPSC014
SECTION: 287.17
BLOCK: 1
LOT:25
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FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024
NATURB AND OBJECT OF ACTION
The obiect of the above action is to foreclose a mortgage held by the Plaintiff recorded in
the County of DELAWARE, State of New York as more particularly described in the Complaint
herein.
TO THE DEFENDANT, except WIGDOR MENDLOVIC, the plaintiff makes no
personal claim against you in this action.
3 of 58
FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024
Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the
summons and conrplaint in this foreclosure action, you may lose your home.
Please read the summons and complaint carefully. You should immediately
contact an attorney or your local Iegal aid office to obtain advice on how to
protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosnre. In addition to seeking assistance from an attorney or legal aid
office, there are governnrent agencies and non-profit organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity near you, you may call the toll free helpline
maintained by the New York State Department of Financial Services at l-800-
342-3736 or visit the Department's website at llww.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS
TIME. You have the right to stay in your home during the foreclosure
process. You are not required to leave your home unless and until your
property is sold at auction pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE
REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property
taxes in accordance with state and local law.
Foreclosure Rescue Scams
Be careful of people who approach you with offers to "save" your home.
These are individuals who watch for notices of foreclosure actions in order to
unfairly profit from a homeowner's distress. You should be extremely careful
about any such promises and any suggestions that you pay them a fee or sign
over your deed. State law requires anyone offering such services for profit to
enter into a contract which fully describes the services they will perform and
fees they will charge, and which prohibits them from taking any money from
you until they have completed all such promised services.
S 1303 Notice 122016
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FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF DELAWARE
WELLS FARGO BANK, N.A., AS TRUSTEE FOR
THE WAMU MORTGAGE PASS-THROUGII
CERTIFICATES, SERIES 2OO5-PR4 TRUST,
Plaintiff,
-VS- COMPLAINT
WIGDOR MENDLOVIC; UTA GUNDELACFI;
"JOHN DOE" and "JANE DOE" said names being Index No.
fictitious, it being the intention of Plaintiff to
designate any and all occupants ofpreniises being
foreclosed herein,
Defendants.
The plaintiff herein, by FEIN, SUCH & CRANE. LLP, its attorneys, complains of the
defendants above named, and fol its cause of actiott, alleges:
FIRST: The plaintiff, is a national association, duly licensed, organized and existing
pursuant to the laws of the United States of America, doing business in the State of New York.
SECOND: Upon information and belief, at all times hereinafter mentioned, the
defendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto
(any that are corporations being organized and existing underthe laws of the State set forth
therein), and are made defendants in this action in the capacities and for the reasons alleged
therein.
THIRD: That the United States of America, the People of the State of New York, the
State Tax Comrnission of the State of'New York, the Industrial Comrnissioner of the State of
New York, and all othel agencies or instrunentalities of the Federal, State or local government,
however designated, if named as defendants, are rnacle parties solely by reason of the facts set
fortl-r in the annexed "Schedule B."
5 of 58
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024
FOURTH: Tl"rat heretofore, to secule a sul-n of money to the stated Lender, its successor
and assigns, the defendants duly executed. acknou,ledged and delivered to the stated Lender, a
celtain bond(s) ol note(s) whereby they bound their successors or l-reirs. executors, administratols
and assigns, jointly and severally. in the amount of said sum. as more fully descr"ibed in the
annexed "Schedule C," said scl-redule being a copy of the bond(s) ornote(s), oraccurate
reference to the assumption agreement(s) eviclencing indebtedrress to plaintiff, together with the
terms of repayment of said sum and rights o1'the plaintifl-.
FIFTH: PlaintifT is in possession oi'the Note rel'elenced in paragraph FOURTH prior to
the commencement of this action and is entitled to enfbrce the Note.
SIXTH: That as security lor the pavr.nenl of saicl irrc'lebtedness, a Mortgage(s) was
executed as annexed hereto in "Schedule D." ackriowledged and delivered to the stated
Lender/Mortgagee, its successors and assigr-rs. udrerein the named mortgagor or mortgagors
bargained, granted and sold to the mortgagee named therein. its successors and assigns, the
premises more particularly described thcrein (hereinafter. the "Mortgaged Premises") under
certain conditions with lights, duties and plivileges between the parties as described therein.
SEVENTH: The Moltgage is currently held by Plaintiff. Copies are attached in
Schedule "D". As such, Plaintiff is current beneficialy of the Mortgage securingtheNote, the
originals of which are in Plaintiff's possession and control, and Plaintiffis otherwise entitled to
enforce the subject Mortgage and Note pursuant to law.
EIGHTH: That said n-rortgage(s) was duly recorded and the mortgage tax(es) due
thereon was duly paid in the County Clerk's Offlce at the place and time that appears therein.
NINTH: That Plaintilf has con-rplied rvith all applicable provisions of the Laws 2020 ch.
381, Real Property Actions ancl Proceedings Law and Banking Law, including but not limited to
6 of 58
FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024
Banking Law $595-a,6-1,6-rn, ancl 9-x. and RPAPL $ 1304 and 1306, where applicable and
where the following inforrnation applies:
(1) The 90-day notice was sent at least 90 days before the commencement of this
foreclosure action. Further, tlie notice under RPAPL Section 1304 was in 14 point type,
contained the statutorily dictated language and the addresses and phone nutnbers of at least five
US Depar"tment of Hor"rsitrg and l-lrban Development approved housing counselirrg agencies in
the region where the borrower resides and was mailed by registered or certified mail and first
class mail to the last known adclress of the bonower and to the property address, if diffelent.
Plaintiff has fully and completeiy complied with the RPAPL Section 1304. Further, Plaintiff has
complied fully with RPAPI- Section 1306 liling requirements in that the filing with the
superintendent was conlpleted within three (3) business days of the mailing.
(2) Cornpliance with Banl- \ before rne, the unrlc:'sig:ncd.
pcrs0trnily appc olta ly knrl*'n to me to bc the individuals u,l'rrtse nalles ilrc sullscribed ro
the rvithin inslntrrctr{ n,t,l n.knut.,1.4ged to rne that thcy exccutcd tlrc sarle in his,'hel capacitvJ and thal by hi*siher sisnirturc on
thc instrunrr.:rrt, the i rr. idua I or pcrson upon bclir.rllol'u'hich the indivicluals acted. executcd the instrumcnt.
Eva Roese
(C0i\I)llliSt0N I-'XP 'i;re.chita Parish, Louisiana
f{fu\nE )
Lrietin're Commissicn
r
Preview
FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024 STATE OF NEW YORK SIJPREME COURT COUNTY OF DELAWARE WELLS FARGO BANK, N.A., AS TRUSTEE FOR TFIE WAMU MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2OO5-PR4 TRUST, Plaintiff, -VS- SUMMONS WIGDOI{ MENDLOVIC; UTA GUNDELACH; ".TOHN DOE" and "JANE DOE" said names being Index No fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. Mor'tgaged Plemises: 47 Wagner Avenue, Fleischrnanns, NY 12430 TO TIIE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiffs attorney within t\ /enty (20) days of the service ol'this Summons, exclusive of the day of service. orwithir-r thilty (30) days after service of the same is complete where service is made in any manner other than by pelsonal delivery within the State. The United States of America, if designated as a clefenciant in this action, may answer or appear within sixty (60) days of service. Your failure to appear ol to answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains fiom the sale proceeds, ajudgment may be entered against you, unless the Defendant obtained a bankruptcy clischalge and such other or further relief as may be just and equitable. NOTICB YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who liled this foreclosure proceeding against you and filing the answer rvith court, a default judgment may be entered and you can lose your home. Speal< to anattorney or go to the court where )'our case is pending for further information on how to answer the summons and protect your property. 1 of 58 FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024 Sending a payment to your mortgage company will not stop this foreclosure action YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DELAWARE County is designated as the place of trial. The basis of venue is the location of the mortgaged premises D^rm?fu'l ,zoz+ les, Es FEIN, SUCH & LLP Attorneys for Plaintiff Office and P.O. Addless 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (5 85)232-7 440 QSPSC014 SECTION: 287.17 BLOCK: 1 LOT:25 2 of 58 FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024 NATURB AND OBJECT OF ACTION The obiect of the above action is to foreclose a mortgage held by the Plaintiff recorded in the County of DELAWARE, State of New York as more particularly described in the Complaint herein. TO THE DEFENDANT, except WIGDOR MENDLOVIC, the plaintiff makes no personal claim against you in this action. 3 of 58 FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and conrplaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local Iegal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosnre. In addition to seeking assistance from an attorney or legal aid office, there are governnrent agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll free helpline maintained by the New York State Department of Financial Services at l-800- 342-3736 or visit the Department's website at llww.dfs.ny.gov. Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Foreclosure Rescue Scams Be careful of people who approach you with offers to "save" your home. These are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. S 1303 Notice 122016 4 of 58 FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF DELAWARE WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE WAMU MORTGAGE PASS-THROUGII CERTIFICATES, SERIES 2OO5-PR4 TRUST, Plaintiff, -VS- COMPLAINT WIGDOR MENDLOVIC; UTA GUNDELACFI; "JOHN DOE" and "JANE DOE" said names being Index No. fictitious, it being the intention of Plaintiff to designate any and all occupants ofpreniises being foreclosed herein, Defendants. The plaintiff herein, by FEIN, SUCH & CRANE. LLP, its attorneys, complains of the defendants above named, and fol its cause of actiott, alleges: FIRST: The plaintiff, is a national association, duly licensed, organized and existing pursuant to the laws of the United States of America, doing business in the State of New York. SECOND: Upon information and belief, at all times hereinafter mentioned, the defendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto (any that are corporations being organized and existing underthe laws of the State set forth therein), and are made defendants in this action in the capacities and for the reasons alleged therein. THIRD: That the United States of America, the People of the State of New York, the State Tax Comrnission of the State of'New York, the Industrial Comrnissioner of the State of New York, and all othel agencies or instrunentalities of the Federal, State or local government, however designated, if named as defendants, are rnacle parties solely by reason of the facts set fortl-r in the annexed "Schedule B." 5 of 58 FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024 FOURTH: Tl"rat heretofore, to secule a sul-n of money to the stated Lender, its successor and assigns, the defendants duly executed. acknou,ledged and delivered to the stated Lender, a celtain bond(s) ol note(s) whereby they bound their successors or l-reirs. executors, administratols and assigns, jointly and severally. in the amount of said sum. as more fully descr"ibed in the annexed "Schedule C," said scl-redule being a copy of the bond(s) ornote(s), oraccurate reference to the assumption agreement(s) eviclencing indebtedrress to plaintiff, together with the terms of repayment of said sum and rights o1'the plaintifl-. FIFTH: PlaintifT is in possession oi'the Note rel'elenced in paragraph FOURTH prior to the commencement of this action and is entitled to enfbrce the Note. SIXTH: That as security lor the pavr.nenl of saicl irrc'lebtedness, a Mortgage(s) was executed as annexed hereto in "Schedule D." ackriowledged and delivered to the stated Lender/Mortgagee, its successors and assigr-rs. udrerein the named mortgagor or mortgagors bargained, granted and sold to the mortgagee named therein. its successors and assigns, the premises more particularly described thcrein (hereinafter. the "Mortgaged Premises") under certain conditions with lights, duties and plivileges between the parties as described therein. SEVENTH: The Moltgage is currently held by Plaintiff. Copies are attached in Schedule "D". As such, Plaintiff is current beneficialy of the Mortgage securingtheNote, the originals of which are in Plaintiff's possession and control, and Plaintiffis otherwise entitled to enforce the subject Mortgage and Note pursuant to law. EIGHTH: That said n-rortgage(s) was duly recorded and the mortgage tax(es) due thereon was duly paid in the County Clerk's Offlce at the place and time that appears therein. NINTH: That Plaintilf has con-rplied rvith all applicable provisions of the Laws 2020 ch. 381, Real Property Actions ancl Proceedings Law and Banking Law, including but not limited to 6 of 58 FILED: DELAWARE COUNTY CLERK 03/29/2024 09:29 AM INDEX NO. EF2024-258 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/29/2024 Banking Law $595-a,6-1,6-rn, ancl 9-x. and RPAPL $ 1304 and 1306, where applicable and where the following inforrnation applies: (1) The 90-day notice was sent at least 90 days before the commencement of this foreclosure action. Further, tlie notice under RPAPL Section 1304 was in 14 point type, contained the statutorily dictated language and the addresses and phone nutnbers of at least five US Depar"tment of Hor"rsitrg and l-lrban Development approved housing counselirrg agencies in the region where the borrower resides and was mailed by registered or certified mail and first class mail to the last known adclress of the bonower and to the property address, if diffelent. Plaintiff has fully and completeiy complied with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPI- Section 1306 liling requirements in that the filing with the superintendent was conlpleted within three (3) business days of the mailing. (2) Cornpliance with Banl- \ before rne, the unrlc:'sig:ncd. pcrs0trnily appc olta ly knrl*'n to me to bc the individuals u,l'rrtse nalles ilrc sullscribed ro the rvithin inslntrrctr{ n,t,l n.knut.,1.4ged to rne that thcy exccutcd tlrc sarle in his,'hel capacitvJ and thal by hi*siher sisnirturc on thc instrunrr.:rrt, the i rr. idua I or pcrson upon bclir.rllol'u'hich the indivicluals acted. executcd the instrumcnt. Eva Roese (C0i\I)llliSt0N I-'XP 'i;re.chita Parish, Louisiana f{fu\nE ) Lrietin're Commissicn r