Preview
INDEX NO. 034446/2012
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/10/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--
Wells Fargo Bank, N.A., as Trustee for the Holders of Index No.: 034446/12
Bear Stearns Asset-Backed Securities I Trust 2007-ACS5.
Asset-Backed Certificates, Series 2007-AC5
AFFIDAVIT OF MAILING
Plaintiff,
-against-
Mortgaged Premises:
Kenneth J. Abruzzi, Arrow Financial Services LLC. 541 Islip Avenue
Swezey Fuel, Inc., 84 Lumber Company, LP, William Islip, New York 11751
Long, Cypress Financial Recoveries LLC and “JOHN
DOE #1” through “JOHN DOE #10”, the last ten names
being fictitious and unknown to the plaintiff, the person 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,
Defendants.
--
STATE OF ten Sty VON, )
SS.
county or _Nleahen )
Bethany lymLavbe_, being duly sworn, deposes and says:
1 lam authorized to sign this affidavit on behalf of plaintiff, Wells Fargo
Bank, N.A., as Trustee for the Holders of Bear Stearns Asset-Backed Securities I Trust 2007-
ACS, Asset-Backed Certificates, Series 2007-ACS (“Plaintiff”), as an officer of Bank of
America, N.A. (“BANA”).
2, BANA maintains records for the loan (the “Loan”) in its capacity as
Plaintiff's servicer.
3 As part of my job responsibilities for BANA, I am familiar with the type
of records maintained by BANA in connection with the Loan.
Plaintiff's Affidavit of Mailing, Index No. 034446/I2
1814816
4. The.information in this affidavit is taken from BANA’s business records.
Thave personal knowledge of BANA’s procedures for creating these records. They are: (a) made
at or near the time of the occurrence of the matters recorded by persons with personal knowledge
of the information in the business record, or from information transmitted by a person with
personal knowledge; (b) kept in the course of BANA’s regularly conducted business activities;
(c) created by BANA as a regular practice.
5 BANA caused to be mailed a thirty day notice of intent to accelerate
(“Breach Letter”) pursuant to the terms of the Mortgage, by first class mail, addressed to each of
the following persons at the address and on the dates set forth after each name:
First Class Mailing
Date of Mailing:
Kenneth Abrtzzi
541 Islip Avenue
Islip, New York 11751
6. BANA caused to be mailed a ninety day pre-foreclosure notice
(the “Notice”) pursuant to RPAPL 1304, by certified and first class mail, addressed to each of the
following persons at the last known address and on the dates set forth after each name:
First Class Mailing
Date of Mailing: u [Wel acu
Kenneth Abruzzi
541 Islip Avenue
Islip, New York 11751
Certified Mailing
Date of Mailing:
Certified Mailing No. 7tQe IOOlw 4aIS 5993 1790
Kenneth Abruzzi
541 Islip Avenue
Islip, New York 11751
7 The Notice was sent in a separate envelope from any other mailing or
notice and contained a list of at least five housing counseling agencies as designated by the
2
Plaintiff's Affidavit of Mailing, Index No. 034446/12
1814816
division of housing and community renewal that serve the region where the borrower resides.
The list was derived from the websites maintained by the department of financial services and/or
the division of housing and community renewal and included the counseling agencies’ last
known address and telephone numbers.
8 Annexed hereto as Exhibit A is a copy of the Breach Letter and mail
tracking information for the Breach Letter.
9 Annexed hereto as Exhibit B is a copy of the Notice.
10. Annexed hereto as Exhibit C is a copy of the return receipt signed by
borrower Kenneth Abruzzi, upon receipt of the Notice, and the mail tracking information for the
Notice.
Bethany Lynn Lolo? ame)
Xe (Signature)
Ssisstant Vice \ (Title)
OA OS] 2o\+ (Date)
STATE OF
COUNTY OF _ M\\eohen
On the 5 day of September, in the year of 2014 before me, the undersigned, personally
appeared inn Laube. » personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(sXis fare) subscribed to the within
instrument and acknowledged to me that he(gh¢/they executed the same in his(he}/their
capacity(ies), and that by his(hertheir signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument, and that such
individual made such appearance before the undersigned in Rots avec (city),
Epps (state).
as MOTRES — PUBL/~
(Signature and office of individual taking proof.)
COMMONWEALTH OF PENNSYLVANIA
Notarlal Seal
Marva LaMar, Notary Public
‘North Braddock Boro, Allegheny County
My Commission Expires Oct. 20, 2016.
Plaintiff's Affidavit of Mailing, Index No. 034446/12 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
1814816
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
eee
Wells Fargo Bank, N.A., as Trustee for the Holders of Index No.: 034446/12
Bear Stearns Asset-Backed Securities I Trust 2007-AC5,
Asset-Backed Certificates, Series 2007-AC5,
CERTIFICATE OF CONFORMITY
Plaintiff,
-against-
Kenneth J. Abruzzi, Arrow Financial Services LLC,
Swezey Fuel, Inc., 84 Lumber Company, LP, William
Long, Cypress Financial Recoveries LLC and “JOHN
DOE #1” through “JOHN DOE #10”, the last ten names
being fictitious and unknown to the plaintiff, the person 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,
Defendants.
—-
STATE OF RansyWaino )
SS.
COUNTY OF _Adleqhenw )
That the undersigned does hereby certify that(i@/she is an attorney at law duly admitted
to practice in the State of Pennsylvania; that(hé/she is a person duly qualified to make this
Certificate of Conformity pursuant to NYS RPL 299-a; that she does hereby certify that the
acknowledgment attached hereto was taken in the manner prescribed by the laws of the State of
Pennsylvania and that the form of acknowledgment conforms to the laws of the State of
Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand this st day of Sepemb— , 2014
feted ETL lle
Attorney LD. No.: So'3%
Address: 225 FOR Apence.
Prtts bua, 0A (5222
Plaintiff's Affidavit of Mailing, Index No. 034446/12
1814816
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INDEX NO. 034446/2012 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/10/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -- Wells Fargo Bank, N.A., as Trustee for the Holders of Index No.: 034446/12 Bear Stearns Asset-Backed Securities I Trust 2007-ACS5. Asset-Backed Certificates, Series 2007-AC5 AFFIDAVIT OF MAILING Plaintiff, -against- Mortgaged Premises: Kenneth J. Abruzzi, Arrow Financial Services LLC. 541 Islip Avenue Swezey Fuel, Inc., 84 Lumber Company, LP, William Islip, New York 11751 Long, Cypress Financial Recoveries LLC and “JOHN DOE #1” through “JOHN DOE #10”, the last ten names being fictitious and unknown to the plaintiff, the person 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, Defendants. -- STATE OF ten Sty VON, ) SS. county or _Nleahen ) Bethany lymLavbe_, being duly sworn, deposes and says: 1 lam authorized to sign this affidavit on behalf of plaintiff, Wells Fargo Bank, N.A., as Trustee for the Holders of Bear Stearns Asset-Backed Securities I Trust 2007- ACS, Asset-Backed Certificates, Series 2007-ACS (“Plaintiff”), as an officer of Bank of America, N.A. (“BANA”). 2, BANA maintains records for the loan (the “Loan”) in its capacity as Plaintiff's servicer. 3 As part of my job responsibilities for BANA, I am familiar with the type of records maintained by BANA in connection with the Loan. Plaintiff's Affidavit of Mailing, Index No. 034446/I2 1814816 4. The.information in this affidavit is taken from BANA’s business records. Thave personal knowledge of BANA’s procedures for creating these records. They are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by a person with personal knowledge; (b) kept in the course of BANA’s regularly conducted business activities; (c) created by BANA as a regular practice. 5 BANA caused to be mailed a thirty day notice of intent to accelerate (“Breach Letter”) pursuant to the terms of the Mortgage, by first class mail, addressed to each of the following persons at the address and on the dates set forth after each name: First Class Mailing Date of Mailing: Kenneth Abrtzzi 541 Islip Avenue Islip, New York 11751 6. BANA caused to be mailed a ninety day pre-foreclosure notice (the “Notice”) pursuant to RPAPL 1304, by certified and first class mail, addressed to each of the following persons at the last known address and on the dates set forth after each name: First Class Mailing Date of Mailing: u [Wel acu Kenneth Abruzzi 541 Islip Avenue Islip, New York 11751 Certified Mailing Date of Mailing: Certified Mailing No. 7tQe IOOlw 4aIS 5993 1790 Kenneth Abruzzi 541 Islip Avenue Islip, New York 11751 7 The Notice was sent in a separate envelope from any other mailing or notice and contained a list of at least five housing counseling agencies as designated by the 2 Plaintiff's Affidavit of Mailing, Index No. 034446/12 1814816 division of housing and community renewal that serve the region where the borrower resides. The list was derived from the websites maintained by the department of financial services and/or the division of housing and community renewal and included the counseling agencies’ last known address and telephone numbers. 8 Annexed hereto as Exhibit A is a copy of the Breach Letter and mail tracking information for the Breach Letter. 9 Annexed hereto as Exhibit B is a copy of the Notice. 10. Annexed hereto as Exhibit C is a copy of the return receipt signed by borrower Kenneth Abruzzi, upon receipt of the Notice, and the mail tracking information for the Notice. Bethany Lynn Lolo? ame) Xe (Signature) Ssisstant Vice \ (Title) OA OS] 2o\+ (Date) STATE OF COUNTY OF _ M\\eohen On the 5 day of September, in the year of 2014 before me, the undersigned, personally appeared inn Laube. » personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(sXis fare) subscribed to the within instrument and acknowledged to me that he(gh¢/they executed the same in his(he}/their capacity(ies), and that by his(hertheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in Rots avec (city), Epps (state). as MOTRES — PUBL/~ (Signature and office of individual taking proof.) COMMONWEALTH OF PENNSYLVANIA Notarlal Seal Marva LaMar, Notary Public ‘North Braddock Boro, Allegheny County My Commission Expires Oct. 20, 2016. Plaintiff's Affidavit of Mailing, Index No. 034446/12 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 1814816 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK eee Wells Fargo Bank, N.A., as Trustee for the Holders of Index No.: 034446/12 Bear Stearns Asset-Backed Securities I Trust 2007-AC5, Asset-Backed Certificates, Series 2007-AC5, CERTIFICATE OF CONFORMITY Plaintiff, -against- Kenneth J. Abruzzi, Arrow Financial Services LLC, Swezey Fuel, Inc., 84 Lumber Company, LP, William Long, Cypress Financial Recoveries LLC and “JOHN DOE #1” through “JOHN DOE #10”, the last ten names being fictitious and unknown to the plaintiff, the person 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, Defendants. —- STATE OF RansyWaino ) SS. COUNTY OF _Adleqhenw ) That the undersigned does hereby certify that(i@/she is an attorney at law duly admitted to practice in the State of Pennsylvania; that(hé/she is a person duly qualified to make this Certificate of Conformity pursuant to NYS RPL 299-a; that she does hereby certify that the acknowledgment attached hereto was taken in the manner prescribed by the laws of the State of Pennsylvania and that the form of acknowledgment conforms to the laws of the State of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand this st day of Sepemb— , 2014 feted ETL lle Attorney LD. No.: So'3% Address: 225 FOR Apence. Prtts bua, 0A (5222 Plaintiff's Affidavit of Mailing, Index No. 034446/12 1814816