On December 31, 2013 a
Complaint,Petition
was filed
involving a dispute between
Wells Fargo Bank, N.A.,
and
Audrey Czesak,
Bulent Cosan,
Commissioner Of Administration And Finance,
Doris Young-Lewis A K A Doris Young A K A Doris Lewis A K A Doris F. Young Lewis,
Eddie J. Lewis A K A Eddie Lewis,
Erie County Department Of Social Services,
Ford Motor Credit Company,
John Doe #1 To John Doe #10,
Lockport Condominium Development, Llc,
Lvnv Funding Llc,
Midland Funding, Llc,
Midland Funding Llc D B A In New York As Midland Funding Of Delaware Llc,
National Fuel Gas Distribution Corp.,
New Century Financial Services, Inc.,
New York State Department Of Taxation And Finance,
Our Lady Of Victory Institutions Federal Credit Union,
People Of The State Of New York,
for Foreclosure (residential mortgage)
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 02/19/2018 10:35 AM INDEX NO. 804907/2013
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 02/19/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
WELLS FARGO BANK, N.A.,
Plaintiff,
v.
AMENDED FORECLOSURE
EDDIE J. LEWIS A/K/A EDDIE DORIS YOUNG-
LEWIS,
COMPLAINT
LEWIS A/K/A DORIS YOUNG A/K/A DORIS LEWIS
A/K/A DORIS F. YOUNG LEWIS, COMMISSONER OF
Index No.: 804907/2013
ADMINISTRATION AND FINANCE, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE, PREMISES•
MORTGAGED
NEW CENTURY FINANCIAL SERVICES, INC.,
B Parkview Terrace
MIDLAND FUNDING, LLC, FORD MOTOR CREDIT
ee owaga, 225
COMPANY, MIDLAND FUNDING LLC D/B/A IN NEW
YORK AS MIDLAND FUND1NG OF DELAWARE LLC,
SBL #: 101.36-7-2
PEOPLE OF THE STATE OF NEW YORK, ERIE
COUNTY DEPARTMENT OF SOCIAL SERVICES,
NATIONAL FUEL GAS DISTRIBUTION CORP., LVNV
FUND1NG LLC,
Defendants.
Plaintiff alleges:
1. Plaintiff is a national association duly organized and existing under the laws of the
United States of America.
2. Upon information and belief, the defendants reside at or have offices at the locations
"A."
set forth in Exhibit
"A."
3. Defendants are made parties to this action in the capacities set forth in Exhibit
4. Eddie J. Lewis a/k/a Eddie Lewis executed a note or notes as more particularly
"B"
described and set forth in Exhibit annexed hereto and made a part hereof (the note or notes set
"B" "Note"
forth in Exhibit are collectively hereinafter referred to as the "Note").
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5. Plaintiff is the owner and holder of the subject mortgage and note, or has been
delegated the authority to institute a mortgage foreclosure action by the owner and holder of the
"C"
subject mortgage and note. Attached hereto as Exhibit is an attorney certified copy of the
original Note.
6. There is due and owing on the Note a principal balance of $114,466.30 together
with: accrued interest from October 1, 2012 at a rate of 6.625%, charges for advances permitted
and secured by the Mortgage and late charges incurred prior to acceleration, less credits, if any, for
"Indebtedness"
funds held in escrow or payments held in suspense (the "Indebtedness"). In addition, plaintiff is due
the sums advanced for costs, allowances and reasonable attorney's fees ifpermitted by the terms of
the mortgage.
7. Pursuant to the terms of the Note, Eddie J. Lewis a/lda Eddie Lewis promised to pay
the Indebtedness to the plaintiff in monthly installments of principal and interest.
8. The Note is in default due to Eddie J. Lewis a/k/a Eddie Lewis failure to repay the
Indebtedness in accordance with the terms of the Note. Eddie J. Lewis a/k/a Eddie Lewis failed to
pay the November 1, 2012 payment and subsequent installments due on the Note.
9. As security for repayment of the Indebtedness, Eddie J. Lewis a/k/a Eddie Lewis and
Doris Young-Lewis a/lda Doris Young a/k/a Doris Lewis a/k/a Doris F. Young Lewis executed a
"B"
mortgage or mortgages, as more particularly described and set forth in Exhibit annexed hereto
and made a part hereof, recorded as a lien upon real property owned by them, described on the
"D" "B"
attached Exhibit "D (the mortgage or mortgages set forth in Exhibit are collectively hereinafter
"Mortgage"
referred to as the "Mortgage").
10. Upon information and belief, allapplicable mortgage taxes were paid at the time of
recording the Mortgage.
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11. Plaintiff is the current Mortgagee of record.
12. Plaintiff issued a 90 day notice to Eddie J. Lewis a/lda Eddie Lewis and Doris
Young-Lewis a/lda Doris Young a/lda Doris Lewis a/k/a Doris F. Young Lewis in the prescribed
form pursuant to Real Property Actions and Proceedings Law §1304 on September 18, 2013.
13. Plaintiff has complied with the provisions of RPAPL §1306 and the loan at issue in
this action complied with the provisions of Banking Law §§ 595-a, 6-1 and 6-m, as applicable.
14. As a result of Eddie J. Lewis a/1da Eddie Lewis default by failing to make his
payments as promised in the Note and as a result of Eddie J. Lewis a/k/a Eddie Lewis and Doris
Young-Lewis a/lda Doris Young a/k/a Doris Lewis a/lda Doris F. Young Lewis default by failing to
make their payments as promised in the Mortgage, the plaintiff has previously elected and hereby
elects to call due the entire amount presently secured by the Mortgage, plus accrued interest,
together with amounts plaintiff has paid or may pay for real property taxes, insurance and/or
attorneys'
fees as provided by the Note and Mortgage.
15. During the pendency of this action, the plaintiff may be compelled to pay local
taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged
premises. In that event, the plaintiff requests that such amounts with interest, should be added to the
sum secured by the Mortgage.
16. There are no other actions or pending proceedings at law to collect or enforce the
note and mortgage.
17. All defendants in this action claim to have some interest in or lien upon the real
defendants'
property covered by the Mortgage. All of the interests are subordinate to the plaintiffs
interest.
t5537020,'3 ) (>
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NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 02/19/2018
18. All agencies or instrumentalities of Federal, State and local government (by
whatever name designated) that are named as defendants in this action, are made parties solely by
reason of the material set forth in Exhibit "A", and for no other reason.
WHEREFORE, plaintiff demands judgment:
(a) determining the amount due for principal, interest, taxes, insurance, costs,
attorneys'
reasonable fees and other charges;
(b) declaring that the defendants and all persons claiming an interest in the
property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity of
redemption in the mortgaged premises and fixtures;
(c) declaring that the mortgaged premises and fixtures be sold according to law;
(d) awarding the sale proceeds to the plaintiff to the extent determined under (a)
above;
(e) declaring that any of the parties to this action may become a purchaser upon
such sale;
(f) appointing a Receiver of the rents and profits of the mortgaged premises;
(g) adjudging the defendants, Eddie J. Lewis a/k/a Eddie Lewis and Doris
Young-Lewis a/k/a Doris Young a/k/a Doris Lewis a/k/a Doris F. Young Lewis to be liable to
plaintiff for any deficiency of the indebtedness that may remain after applying the proceeds of the
real property, fixtures, and granting plaintiff a money judgment for that amount, provided a motion
for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions
and Proceedings Law within the time limited therein;
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(h) granting the plaintiff such additional relief as is proper.
Plaintiff specifically reserves its rights to share in any surplus monies arising from
the sale of the mortgaged premises by virtue of its position as a lien creditor other than by the
Mottgage.
-
WO 1 S OVIXTT GI AN LLP
Arden L. Florian, Esq.
Attorneys for Plaintiff
Woods Oviatt Gilman LLP
700 Crossroads Building.
2 State Street
Rochester, NY 14614
Tel.: (855)227-5072
(5537020:3l«Field78»
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Preview
FILED: ERIE COUNTY CLERK 02/19/2018 10:35 AM INDEX NO. 804907/2013 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 02/19/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE WELLS FARGO BANK, N.A., Plaintiff, v. AMENDED FORECLOSURE EDDIE J. LEWIS A/K/A EDDIE DORIS YOUNG- LEWIS, COMPLAINT LEWIS A/K/A DORIS YOUNG A/K/A DORIS LEWIS A/K/A DORIS F. YOUNG LEWIS, COMMISSONER OF Index No.: 804907/2013 ADMINISTRATION AND FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, PREMISES• MORTGAGED NEW CENTURY FINANCIAL SERVICES, INC., B Parkview Terrace MIDLAND FUNDING, LLC, FORD MOTOR CREDIT ee owaga, 225 COMPANY, MIDLAND FUNDING LLC D/B/A IN NEW YORK AS MIDLAND FUND1NG OF DELAWARE LLC, SBL #: 101.36-7-2 PEOPLE OF THE STATE OF NEW YORK, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, NATIONAL FUEL GAS DISTRIBUTION CORP., LVNV FUND1NG LLC, Defendants. Plaintiff alleges: 1. Plaintiff is a national association duly organized and existing under the laws of the United States of America. 2. Upon information and belief, the defendants reside at or have offices at the locations "A." set forth in Exhibit "A." 3. Defendants are made parties to this action in the capacities set forth in Exhibit 4. Eddie J. Lewis a/k/a Eddie Lewis executed a note or notes as more particularly "B" described and set forth in Exhibit annexed hereto and made a part hereof (the note or notes set "B" "Note" forth in Exhibit are collectively hereinafter referred to as the "Note"). (5537020.'3 }«Field78» 1 of 5 FILED: ERIE COUNTY CLERK 02/19/2018 10:35 AM INDEX NO. 804907/2013 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 02/19/2018 5. Plaintiff is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the "C" subject mortgage and note. Attached hereto as Exhibit is an attorney certified copy of the original Note. 6. There is due and owing on the Note a principal balance of $114,466.30 together with: accrued interest from October 1, 2012 at a rate of 6.625%, charges for advances permitted and secured by the Mortgage and late charges incurred prior to acceleration, less credits, if any, for "Indebtedness" funds held in escrow or payments held in suspense (the "Indebtedness"). In addition, plaintiff is due the sums advanced for costs, allowances and reasonable attorney's fees ifpermitted by the terms of the mortgage. 7. Pursuant to the terms of the Note, Eddie J. Lewis a/lda Eddie Lewis promised to pay the Indebtedness to the plaintiff in monthly installments of principal and interest. 8. The Note is in default due to Eddie J. Lewis a/k/a Eddie Lewis failure to repay the Indebtedness in accordance with the terms of the Note. Eddie J. Lewis a/k/a Eddie Lewis failed to pay the November 1, 2012 payment and subsequent installments due on the Note. 9. As security for repayment of the Indebtedness, Eddie J. Lewis a/k/a Eddie Lewis and Doris Young-Lewis a/lda Doris Young a/k/a Doris Lewis a/k/a Doris F. Young Lewis executed a "B" mortgage or mortgages, as more particularly described and set forth in Exhibit annexed hereto and made a part hereof, recorded as a lien upon real property owned by them, described on the "D" "B" attached Exhibit "D (the mortgage or mortgages set forth in Exhibit are collectively hereinafter "Mortgage" referred to as the "Mortgage"). 10. Upon information and belief, allapplicable mortgage taxes were paid at the time of recording the Mortgage. l 5537020:3 ) «Field78» 2 of 5 FILED: ERIE COUNTY CLERK 02/19/2018 10:35 AM INDEX NO. 804907/2013 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 02/19/2018 11. Plaintiff is the current Mortgagee of record. 12. Plaintiff issued a 90 day notice to Eddie J. Lewis a/lda Eddie Lewis and Doris Young-Lewis a/lda Doris Young a/lda Doris Lewis a/k/a Doris F. Young Lewis in the prescribed form pursuant to Real Property Actions and Proceedings Law §1304 on September 18, 2013. 13. Plaintiff has complied with the provisions of RPAPL §1306 and the loan at issue in this action complied with the provisions of Banking Law §§ 595-a, 6-1 and 6-m, as applicable. 14. As a result of Eddie J. Lewis a/1da Eddie Lewis default by failing to make his payments as promised in the Note and as a result of Eddie J. Lewis a/k/a Eddie Lewis and Doris Young-Lewis a/lda Doris Young a/k/a Doris Lewis a/lda Doris F. Young Lewis default by failing to make their payments as promised in the Mortgage, the plaintiff has previously elected and hereby elects to call due the entire amount presently secured by the Mortgage, plus accrued interest, together with amounts plaintiff has paid or may pay for real property taxes, insurance and/or attorneys' fees as provided by the Note and Mortgage. 15. During the pendency of this action, the plaintiff may be compelled to pay local taxes, assessments, water rates, insurance premiums and other charges affecting the mortgaged premises. In that event, the plaintiff requests that such amounts with interest, should be added to the sum secured by the Mortgage. 16. There are no other actions or pending proceedings at law to collect or enforce the note and mortgage. 17. All defendants in this action claim to have some interest in or lien upon the real defendants' property covered by the Mortgage. All of the interests are subordinate to the plaintiffs interest. t5537020,'3 ) (> 3 of 5 FILED: ERIE COUNTY CLERK 02/19/2018 10:35 AM INDEX NO. 804907/2013 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 02/19/2018 18. All agencies or instrumentalities of Federal, State and local government (by whatever name designated) that are named as defendants in this action, are made parties solely by reason of the material set forth in Exhibit "A", and for no other reason. WHEREFORE, plaintiff demands judgment: (a) determining the amount due for principal, interest, taxes, insurance, costs, attorneys' reasonable fees and other charges; (b) declaring that the defendants and all persons claiming an interest in the property subsequent to the filing of the Notice of Pendency be foreclosed of any interest or equity of redemption in the mortgaged premises and fixtures; (c) declaring that the mortgaged premises and fixtures be sold according to law; (d) awarding the sale proceeds to the plaintiff to the extent determined under (a) above; (e) declaring that any of the parties to this action may become a purchaser upon such sale; (f) appointing a Receiver of the rents and profits of the mortgaged premises; (g) adjudging the defendants, Eddie J. Lewis a/k/a Eddie Lewis and Doris Young-Lewis a/k/a Doris Young a/k/a Doris Lewis a/k/a Doris F. Young Lewis to be liable to plaintiff for any deficiency of the indebtedness that may remain after applying the proceeds of the real property, fixtures, and granting plaintiff a money judgment for that amount, provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceedings Law within the time limited therein; { 5s 37020:3 ) <(Fi el d78» 4 of 5 FILED: ERIE COUNTY CLERK 02/19/2018 10:35 AM INDEX NO. 804907/2013 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 02/19/2018 (h) granting the plaintiff such additional relief as is proper. Plaintiff specifically reserves its rights to share in any surplus monies arising from the sale of the mortgaged premises by virtue of its position as a lien creditor other than by the Mottgage. - WO 1 S OVIXTT GI AN LLP Arden L. Florian, Esq. Attorneys for Plaintiff Woods Oviatt Gilman LLP 700 Crossroads Building. 2 State Street Rochester, NY 14614 Tel.: (855)227-5072 (5537020:3l«Field78» 5 of 5