Party Statement: Us Bank Trust Na-Tr v. Albert Turk Aka, Albert F Turk Iii, State Tax Commission, Cavalry Spv I Llc

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                                FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM                                                          INDEX NO. 033013/2024
NYSCEF DOC. NO. 12                                                                                 RECEIVED NYSCEF: 05/30/2024

       SUPREME COURT OF THE STATE OF NEW YORK
       COUNTY OF ROCKLAND
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       US BANK TRUST NATIONAL ASSOCIATION, NOT                                    Index No.
       IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS
       OWNER TRUSTEE FOR VRMTG ASSET TRUST,                                        CERTIFICATE OF MERIT
                                                                                  PURSUANT TO CPLR 3012-B
                                                                Plaintiff
                                   -against-                                      Mortgaged Premises:
                                                                                  279 West Main Street
       ALBERT TURK A/K/A ALBERT F. TURK III; NEW                                  Stony Point, NY 10980
       YORK STATE DEPARTMENT OF TAXATION AND
       FINANCE; CAVALRY SPV I, LLC; "JOHN DOE"                                    Section: 15.03
       AND "JANE DOE" said names being fictitious, it being                       Block: 1
       the intention of Plaintiff to designate any and all                        Lot: 25
       occupants of premises being foreclosed herein,

                                                              Defendants
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               1.        I am an attorney at law duly licensed in the State of New York, and am affiliated with the

       law firm of FRIEDMAN VARTOLO LLP attorneys for Plaintiff, US Bank Trust National Association, Not

       In Its Individual Capacity But Solely As Owner Trustee For VRMTG Asset Trust (hereinafter “Plaintiff”)

       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, defendant, Albert Turk a/k/a

       Albert F. Turk III, (hereinafter “Defendant”), is a resident 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 Consolidation, Extension, and

       Modification Agreement 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: Joshua Stolowitz
       Title: Document Verification Specialist of NewRez LLC d/b/a Shellpoint Mortgage Servicing, as
       attorney-in-fact for Plaintiff, US Bank Trust National Association, Not In Its Individual Capacity But
       Solely As Owner Trustee For VRMTG Asset Trust



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FILED: ROCKLAND COUNTY CLERK 05/30/2024 03:42 PM                                              INDEX NO. 033013/2024
NYSCEF DOC. NO. 12                                                                     RECEIVED NYSCEF: 05/30/2024

              5.     Upon this review and consultation, to the best of my knowledge, information, and belief,

       I certify that there is reasonable basis for the commencement of this action, and that Plaintiff is the

       creditor entitled to enforced 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 assignments (if any);

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

       (Check box if no documents are attached in Exhibit A: [X]).

              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: [X]).

              8.     I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR

       Part 1200) and 22 NYCRR Part 130.

       Dated: May 30, 2024
       Garden City, NY

                                                              __________________________________
                                                              Anthony J. Ortiz, Esq.
                                                              FRIEDMAN VARTOLO LLP
                                                              Attorneys for Plaintiff
                                                              1325 Franklin Avenue, Suite 160
                                                              Garden City, NY 11530
                                                              T: (212) 471-5100




                                                  Firm Case No. 240896-1


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