On May 15, 2024 a
Summons
was filed
involving a dispute between
Longbridge Financial, Llc,
and
Any And All Known And Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees And All Other Parties Claiming An Interest By Through, Under Or Against The Estate Of Theodore Whiting,
John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises,
New York State Department Of Taxation And Finance,
Raphael Whiting As Potential Heir, Devisee, Distributee Of
The Estate Of Theodore Whiting,
Theodore D. Whiting As Potential Heir, Devisee, Distributee Of
The Estate Of Theodore Whiting,
Tracy Reshard As Potential Executrix And Heir, Devisee, Distributee Of
The Estate Of Theodore Whiting,
United States Of America Acting
O B O The Department Of Treasury - Internal Revenue Service,
United States Of America Acting
O B O The Secretary Of Housing And Urban Development,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 05/15/2024 02:51 PM INDEX NO. 608504/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------ ---------- --------- --------------------- --------- -x
LONGBRIDGE FINANCIAL, LLC, SUMMONS AND NOTICE
Plaintiff, Index No.:
-against-
Date Filed:
TRACY RESHARD, AS POTENTIAL EXECUTRIX
AND HEIR, DEVISEE, DISTRIBUTEE OF THE MORTGAGED PREMISES:
ESTATE OF THEODORE WHITING; RAPHAEL 151 LINCOLN AVENUE
WHITING, AS POTENTIAL HEIR, DEVISEE, ROOSEVELT, NY 11575
DISTRIBUTEE OF THE ESTATE OF THEODORE
WHITING; THEODORE D. WHITING, AS POTENTIAL VENUE: NASSAU County
HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF (based on the situs of the
THEODORE WHITING; ANY AND ALL KNOWN Mortgaged Premises)
AND UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES
AND ALL OTHER PARTIES CLAIMING AN
INTEREST BY THROUGH, UNDER OR AGAINST
THE ESTATE OF THEODORE WHITING; UNITED
STATES OF AMERICA ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; UNITED STATES OF AMERICA
ACTING ON BEHALF OF THE DEPARTMENT OF
TREASURY - INTERNAL REVENUE SERVICE; NEW
YORK STATE DEPARTMENT OF TAXATION AND
FINANCE; “JOHN DOE #1” through “JOHN DOE #10,”
said names being fictitious and unknown to plaintiff,
intended to be possible tenants or occupants of the
premises, or corporations, persons, or other entities having
or claiming a lien upon the mortgaged premises,
Defendants.
______________._.-..__..____________________________X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance, on the Plaintiffs attorneys within twenty (20) days after the service of this
summons, exclusive of the day of service (or within thirty (30) days after the service is
complete if this summons is not personally delivered to you within the State of New York); and
Firm File # 24-000672-01
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in case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
NOTICE
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 FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND
FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE
ENTERED AND YOU CAN LOSE YOUR HOME,
SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS
PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS
AND PROTECT YOUR PROPERTY.
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.
Dated: April 24, 2024
New York, New York
GREENSPOON MARDER LLP
Attorneys for Plaintiff
By: /s/Monica G. Christie
Monica G. Christie, Esq.
1345 Avenue of the Americas
Suite 2200
New York, NY 10105
P: (212) 524-5000
F: (212) 524-5050 (No Service by fax)
Please respond to Cypress Creek office:
Trade Centre South
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
Firm File # 24-000672-01
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P: (888) 491-1120
F: (954) 343-6982
WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
TO:
TRACY RBSHARD, AS POTENTIAL EXECUTRIX AND HEIR, DEVISEE, DISTRIBUTEE
OF THE ESTATE OF THEODORE WHITING
4762 CANDY CV
LITHONIA, GA 30038
RAPHAEL WHITING, AS POTENTIAL HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF THEODORE WHITING
50 INGRAHAM STREET
HEMPSTEAD, NY 11550
THEODORE D. WHITING, AS POTENTIAL HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF THEODORE WHITING
9 WHITE GATE DRIVE, APARTMENT J
WAPPINGERS FALLS, NY 12590
ANY AND ALL KNOWN AND UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES
CLAIMING AN INTEREST BY THROUGH, UNDER OR AGAINST THE ESTATE OF
THEODORE WHITING
PUBLISH
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT
C/O UNITED STATES ATTORNEY
271 CADMAN PLAZA EAST
BROOKLYN, NY 11201
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE DEPARTMENT OF
TREASURY - INTERNAL REVENUE SERVICE
C/O UNITED STATES ATTORNEY
271 CADMAN PLAZA EAST
BROOKLYN, NY 11201
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE
ATTN: OFFICE OF COUNSEL
BUILDING 9
W A HARRIMAN CAMPUS
ALBANY, NY 12227
Firm File #24-000672-01
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"JOHN DOE #1” through "JOHN DOE #10,” said names being fictitious and unknown to
plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons,
or other entities having or claiming a lien upon the mortgaged premises
151 LINCOLN AVENUE
ROOSEVELT, NY 11575
Firm File # 24-000672-01
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NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nvcourts.qov/admin/OPP/foreclosures.shtml
OR
https://www.nvcourts.qov/courthelp/Homes/foreclosures.shtml
Firm File #24-000672-01
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AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DIAS 0 SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICION
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACION.
SI USTED NO TIENE UN ABOGADO,
VISITE
httD://ww2.nvcourts.qov/admin/OPP/foreclosures.shtml
0
https://www.nvcourts.qov/courthelp/Homes/foreclosures.shtml
Firm File #24-000672-01
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NOTICE TO TENANTS OF
BUILDINGS IN FORECLOSURE
New York State law requires that we provide you this notice about the
foreclosure process. Please read it carefully.
Lender, LONGBRIDGE FINANCIAL, LLC, located at 3900 Capital City
Blvd, Lansing, MI 48906 can be reached at 866-278-2008.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be
entitled to remain in occupancy for the remainder of your lease term. If you
do not have a lease, you will be entitled to remain in your home until ninety
days after any person or entity who acquires title to the property provides
you with a notice as required by section 1305 of the Real Property Actions
and Proceedings Law. The notice shall provide information regarding the
name and address of the new owner and your rights to remain in your home.
These rights are in addition to any others you may have if you are a
subsidized tenant under federal, state or local law or if you are a tenant
subject to rent control, rent stabilization or a federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED
TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS
WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE
RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING
FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND
RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED
THE SAME LEVEL OF PROTECTION EVEN THOUGH THE
BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN
ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT
ORDER AND AFTER A FULL HEARING IN COURT.
If you need further information, please call the New York State
Department of Financial Service's toll-free helpline at (800) 342-3736 or
visit the Department's website at www.dfs.ny.gov.
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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 complaint 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 legal 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
foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government 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 800-342-3736 or visit
the Department's website at www.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.
There are individuals who watch for notices of foreclosure actions in order to
unfairly profit from a homeowner's distress.
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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.
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