On October 15, 2014 a
Party Notice
was filed
involving a dispute between
Federal National Mortgage Association,
and
Chesapeake Appalachia, Llc,
Dakin T. Sharum,
John Doe,
Kelly R. Sharum,
Mortgage Electronic Registration Systems, Inc. As Nominee For Phh Mortgage Corp,
for Foreclosure (residential mortgage)
in the District Court of Cortland County.
Preview
INDEX NO. EF14-496
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/06/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
--------- +--+
5-5 5-55
Federal National Mortgage Association
(“Fannie Mae”), A Corporation Organized
and Existing under the Laws of the United
States of America
Plaintiff, NOTICE OF CROSS-MOTION
PURSUANT TO R.P.A. & PL.
SECTION 1351(3) AND
SECTION 1354 (3)
-against- Index No. EF14-496
Kelly R Sharum, Dakin T Sharum, Mortgage
Electronic Registration Systems, Inc. As
Nominee for PHH Mortgage Corp ( FKA Cendant
Mortgage Corp.)
Et al,
Defendants.
—--- --X
Cross-Motion by: Defendant-Mortgage Electronic Registrations
Systems, Inc. as Nominee for PHH Mortgage
Corp.
IAS Judge: Hon. Phillip R. Rumsey, J.S.C.
Date, Time and Place
of Hearing: December 16, 2016
Supreme Court, CORTLAND County,
46 Greenbush Street, Suite 301, Cortland, NY
13045-2772
Supporting Papers: Affirmation of Gerald Roth dated
November 16, 2016 with exhibits
Relief demanded: 1. That the Judgment of Foreclosure and
Sale, pursuant P.L. Section
to R.P.A. &
1351(3) and Section 1354(3), contain a
direction to the Referee therein named
to ascertain the sums due and owing to
cross-movant (subordinate mortgagee);
and that if there be any surplus monies
resulting from the foreclosure sale to
pay same directly to cross~movant.
TM
EF14-496
12/06/2016 11:16:36 AM
Pages 3
NOTICE OF CROSS-MOTION
Elizabeth Larkin, County Clerk
1 of 3
Such other and further relief that the court
may seem just and proper.
DATED: December 5, 2016
Carle Place, New York
GERALD ROTH, ESQ.
STEIN, WIENER & ROTH, L.L.P.
Attorneys for Defendant
Mortgage Electronic Registration Systems,
Inc. As Nominee for PHH Mortgage Corp
One Old Country Road, Suite 113
Carle Place, New York 11514
(516) 742-1212
TO Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive Suite 100
Williamsville, NY 14221
Kelly R. Sharum
112 Choctaw Drive
Louisburg, NC 27549
Dakin T. Sharum
112 Choctaw Drive
Louisburg, NC 27549
2 of 3
AFFIDAVIT OF MAILING
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
STEPHANIE McBEAN, being duly sworn, deposes and says, that deponent
is not a party to the action, is over 18 years of age and resides in
QUEENS, New York.
That onDuunua li Dl paeponent served the within NOTICE OF CROSS-
MOTION PURSUANT TO R.P.A. & P.L. SECTION 1351(3) AND SECTION 1354 (3)
upon:
TO: Gross Polowy, LLC
Attorneys for Plaintiff
25 Northpointe Parkway, Suite 25
Amherst, NY 14228
Kelly R. Sharum
112 Choctaw Drive
Louisburg, NC 27549
Dakin T. Sharum
112 Choctaw Drive
Louisburg, NC 27549
in this action, at the addresses indicated and designated by for that
purpose by depositing true copies of same enclosed in a post-paid property
addressed wrapper, in -- a post office -- depository under the exclusive
care and custody of the United States Post Office Department within the
State of New York.
‘udh yas. When
STEPHANIE McBEAN
SWORN TO BEFORE ME THIS
December 2016
tc
JUNEFI
Y PUBLIC NOTARY PUB; NCESJ JURGEN:
LIC STATE OF NE W YORK
SAU COUT
Commission 1JU6241798
MAY 23, 29 GI
Document Filed Date
December 06, 2016
Case Filing Date
October 15, 2014
Category
Foreclosure (residential mortgage)
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Preview
INDEX NO. EF14-496 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/06/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND --------- +--+ 5-5 5-55 Federal National Mortgage Association (“Fannie Mae”), A Corporation Organized and Existing under the Laws of the United States of America Plaintiff, NOTICE OF CROSS-MOTION PURSUANT TO R.P.A. & PL. SECTION 1351(3) AND SECTION 1354 (3) -against- Index No. EF14-496 Kelly R Sharum, Dakin T Sharum, Mortgage Electronic Registration Systems, Inc. As Nominee for PHH Mortgage Corp ( FKA Cendant Mortgage Corp.) Et al, Defendants. —--- --X Cross-Motion by: Defendant-Mortgage Electronic Registrations Systems, Inc. as Nominee for PHH Mortgage Corp. IAS Judge: Hon. Phillip R. Rumsey, J.S.C. Date, Time and Place of Hearing: December 16, 2016 Supreme Court, CORTLAND County, 46 Greenbush Street, Suite 301, Cortland, NY 13045-2772 Supporting Papers: Affirmation of Gerald Roth dated November 16, 2016 with exhibits Relief demanded: 1. That the Judgment of Foreclosure and Sale, pursuant P.L. Section to R.P.A. & 1351(3) and Section 1354(3), contain a direction to the Referee therein named to ascertain the sums due and owing to cross-movant (subordinate mortgagee); and that if there be any surplus monies resulting from the foreclosure sale to pay same directly to cross~movant. TM EF14-496 12/06/2016 11:16:36 AM Pages 3 NOTICE OF CROSS-MOTION Elizabeth Larkin, County Clerk 1 of 3 Such other and further relief that the court may seem just and proper. DATED: December 5, 2016 Carle Place, New York GERALD ROTH, ESQ. STEIN, WIENER & ROTH, L.L.P. Attorneys for Defendant Mortgage Electronic Registration Systems, Inc. As Nominee for PHH Mortgage Corp One Old Country Road, Suite 113 Carle Place, New York 11514 (516) 742-1212 TO Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive Suite 100 Williamsville, NY 14221 Kelly R. Sharum 112 Choctaw Drive Louisburg, NC 27549 Dakin T. Sharum 112 Choctaw Drive Louisburg, NC 27549 2 of 3 AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) STEPHANIE McBEAN, being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides in QUEENS, New York. That onDuunua li Dl paeponent served the within NOTICE OF CROSS- MOTION PURSUANT TO R.P.A. & P.L. SECTION 1351(3) AND SECTION 1354 (3) upon: TO: Gross Polowy, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Kelly R. Sharum 112 Choctaw Drive Louisburg, NC 27549 Dakin T. Sharum 112 Choctaw Drive Louisburg, NC 27549 in this action, at the addresses indicated and designated by for that purpose by depositing true copies of same enclosed in a post-paid property addressed wrapper, in -- a post office -- depository under the exclusive care and custody of the United States Post Office Department within the State of New York. ‘udh yas. When STEPHANIE McBEAN SWORN TO BEFORE ME THIS December 2016 tc JUNEFI Y PUBLIC NOTARY PUB; NCESJ JURGEN: LIC STATE OF NE W YORK SAU COUT Commission 1JU6241798 MAY 23, 29 GI