Party Statement: Citizens Bank, N.A. v. Ross Baumler, John Doe #1 To John Doe #10, The Last 10 Names Being Fictitious And Unknown To Plaintiff, The Persons 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: ERIE COUNTY CLERK 04/22/2024 01:07 PM                                                          INDEX NO. 805703/2024
NYSCEF DOC. NO. 6                                                                             RECEIVED NYSCEF: 04/22/2024




          SUPREME COURT OF THE STATE OF NEW YORK:
          COUNTY OF ERIE
          ----------------------------------------------------------------X
          CITIZENS BANK, N.A.                                              Index:
                                                       Plaintiff

                                   -against-                             CERTIFICATE OF MERIT
                                                                         PURSUANT TO CPLR 3012-b
          ROSS BAUMLER;
          "JOHN DOE #1" to "JOHN DOE #10," the last 10                     Mortgaged Premises Address:
          names being fictitious and unknown to plaintiff, the 68 Regency Court
          persons or parties intended being the persons or                 Buffalo a/k/a Amherst, New York 14226
          parties, if any, having or claiming an interest in or
          lien upon the mortgaged premises described in the
          complaint,
                   Defendant.
          ----------------------------------------------------------------X

                   1. I am an attorney at law duly licensed to practice in the State of New York, and am
          affiliated the law firm of McCabe, Weisberg & Conway, LLC, attorney for plaintiff, Citizens
          Bank, N.A., 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.

                   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 other instruments of indebtedness including any
          modification, extension, and consolidation.

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

                             Name                                                           Title
                           Willis Jones                                             Foreclosure Specialist




                   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 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




                                                              1 of 2
FILED: ERIE COUNTY CLERK 04/22/2024 01:07 PM                                                   INDEX NO. 805703/2024
NYSCEF DOC. NO. 6                                                                      RECEIVED NYSCEF: 04/22/2024




          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: .)

                  7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that
          certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or
          otherwise. (Check box if no documents are attached in Exhibit B: .)

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


                                                     McCABE, WEISBERG & CONWAY, LLC



          Dated:    April 19, 2024                   By:
                    Melville, NY                           MELISSA SPOSATO, ESQ.
                                                           Attorneys for Plaintiff
                                                           One Huntington Quadrangle, Suite 4N25
                                                           Melville, NY 11747
                                                           (631) 812-4084
                                                           (855) 845-2584 facsimile




                                                       2 of 2