On October 31, 2017 a
Letter,Correspondence
was filed
involving a dispute between
Keybank, National Association Successor By Merger With First Niagara Bank, N.A.,
and
Allison M. Futch As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
Amy L. Morrison As Executrix Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
Bruce W. Barker As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
Chrysler Financial Services Americas Llc F K A Daimler Chrysler Financial Services Americas Llc,
Elizabeth A. Barker As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
John Doe #1 Through John Doe #20, The Last Twenty Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises,
Marine Midland Bank, N.A.,
Molly J. Mathis As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
People Of The State Of New York,
Robert A. Lyon As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
Southern Chautauqua Federal Credit Union,
United States Of America,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/08/2018 10:46 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/08/2018
STATE OF NEW YORK
UNIFIED COURT SYSTEM
EIGHTH JUDICIAL DISTRICT
HON. STEPHEN W. CASS
SUPREME COURT
P.O. BOX 292
MAYVILLE, NEW YORK 14757
(716)753-4266
FAX (716)753-4993
January 30, 2018
AMY L. MORRISON, SRL
96 OLD FENTONVILLE ROAD
FREWSBURG, NY 14738
RE: Case Name: KEYBANK VS. ESTATE OF WARNER **E-FILED
CASE**
INDEX: Kl-2017-001406
Dear Homeowner(s) :
A mortgage foreclosure case has been started against you by your
mortgage lender for failure to pay your mortgage. It is important
that you do not ignore this notice or any court papers that you
receive or YOU MAY LOSE YOUR HOME. Help may be available to you.
This letter contains the phone number of an organization standing by
to help homeowners free of charge. You are entitled to this
conference if you occupy/intend to occupy the premises as your primary
residence.
A Mandatory Conference Has Been Scheduled For You and Your Lender
ATTENDING THIS CONFERENCE MAY BENEFIT YOU
The court must hold a conference with you and your lender to see if
your case can be resolved without further court action (including but
not limited to a modification of your existing loan). What do you
need to do to prepare for a conference? First, you need to get help
as soon as possible either by retaining your own lawyer or by calling
and making an appointment with the organization listed below. Second,
you (or your attorney) must contact the court by telephone (at the
number indicated above), no later than seven (7) days before the
conference date, to advise whether you (or your attorney) will attend
the scheduled conference. IF YOU ARE INTERESTED IN KEEPING YOUR HOME,
YOU OR YOUR ATTORNEY MUST APPEAR AT THE CONFERENCE.
What to Bring to the Court Conference
It is important that you (and your lawyer if you have retained one)
arrive at the conference ready to discuss the facts of your case. To
help the court, please bring the following documents if you have them:
* Current tax returns;
* List of all household expenses;
* Property tax information;
* Previously submitted loss mitigation application
(if applicable);
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FILED: CHAUTAUQUA COUNTY CLERK 03/08/2018 10:46 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/08/2018
* All benefits information; and
* Rental agreements or proof of rental income
(if applicable);
Responding to Court Papers
In addition to attending the conference, you must also respond to any
court papers you receive. The number of days you have to respond is
stated in the court papers called "Summons". Make sure you meet the
deadline given in the Summons and any other deadline set by law.
Your Right To Legal Fees From Your Lender
Pursuant to New York State Real Property Law section 282, your lender
may be required to reimburse you for any legal fees you incur in
successfully defending against this foreclosure action. You should
consult with an attorney about representing you in this foreclosure
proceeding, and you should advise the attorney that your legal fees
might be paid by your lender if the court determines that the lender
does not have the right to foreclose on your home.
Legal Assistance May Be Available - Free of Charge
If you do not have an attorney, you may contact the following Agency:
* Legal Assistance of Western New York, Inc.
115 East Third Street
Jamestown, New York 14701
Call 716-664-4535 or Toll Free at 866-664-4567 to
schedule an appointment. Walk-in visits are accepted.
They are open Monday through Friday from 9:00 a.m.
to 5:00 p.m.
Your Conference Date
Your mandatory con~erence is scheduled for Wednesday, February
21, 2018, at 10:00am, at Chautauqua County Supreme Court, 2nd Floor,
Chautauqua County Courthouse, 1 North Erie St., Mayville, N.Y. 14757.
Sincerely,
Hon. Stephen W. Cass
Supreme Court Justice
cc: STAGG TERENZI CONFUSIONE
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FILED: CHAUTAUQUA COUNTY CLERK 03/08/2018 10:46 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/08/2018
STATE OF NEW YORK
UNIFIED COURT SYSTEM
EIGHTH JUDICIAL DISTRICT
HON. STEPHEN W. CASS
SUPREME COURT
P.O. BOX 292
MAYVILLE, NEW YORK 14757
(716)753-4266
FAX (716)753-4993
January 30, 2018
STAGG TERENZI CONFUSIONE
401 FRANKLIN AVE STE 300
GARDEN CITY, NY 11530
RE: Case Name: KEYBANK VS. ESTATE OF WARNER **E-FILED
CASE**
INDEX: Kl-2017-001406
Dear Homeowner(s) :
A mortgage foreclosure case has been started against you by your
mortgage lender for failure to pay your mortgage. It is important
that you do not ignore this notice or any court papers that you
receive or YOU MAY LOSE YOUR HOME. Help may be available to you.
This letter contains the phone number of an organization standing by
to help homeowners free of charge. You are entitled to this
conference if you occupy/intend to occupy the premises as your primary
residence.
A Mandatory Conference Has Been Scheduled For You and Your Lender
ATTENDING THIS CONFERENCE MAY BENEFIT YOU
The court must hold a conference with you and your lender to see if
your case can be resolved without further court action (including but
not limited to a modification of your existing loan). What do you
need to do to prepare for a conference? First, you need to get help
as soon as possible either by retaining your own lawyer or by calling
and making an appointment with the organization listed below. Second,
you (or your attorney) must contact the court by telephone (at the
number indicated above), no later than seven (7) days before the
conference date, to advise whether you (or your attorney) will attend
the scheduled conference. IF YOU ARE INTERESTED IN KEEPING YOUR HOME,
YOU OR YOUR ATTORNEY MUST APPEAR AT THE CONFERENCE.
What to Bring to the Court Conference
It is important that you (and your lawyer if you have retained one)
arrive at the conference ready to discuss the facts of your case. To
help the court, please bring the following documents if you have them:
* Current tax returns;
* List of all household expenses;
* Property tax information;
* Previously submitted loss mitigation application
(if applicable);
3 of 4
FILED: CHAUTAUQUA COUNTY CLERK 03/08/2018 10:46 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/08/2018
* All benefits information; and
* Rental agreements or proof of rental income
(if applicable);
Responding to Court Papers
In addition to attending the conference, you must also respond to any
court papers you receive. The number of days you have to respond is
stated in the court papers called "Summons". Make sure you meet the
deadline given in the Summons and any other deadline set by law.
Your Right To Legal Fees From Your Lender
Pursuant to New York State Real Property Law section 282, your lender
may be required to reimburse you for any legal fees you incur in
successfully defending against this foreclosure action. You should
consult with an attorney about representing you in this foreclosure
proceeding, and you should advise the attorney that your legal fees
might be paid by your lender if the court determines that the lender
does not have the right to foreclose on your home.
Legal Assistance May Be Available - Free of Charge
If you do not have an attorney, you may contact the following Agency:
* Legal Assistance of Western New York, Inc.
115 East Third Street
Jamestown, New York 14701
Call 716-664-4535 or Toll Free at 866-664-4567 to
schedule an appointment. Walk-in visits are accepted.
They are open Monday through Friday from 9:00 a.m.
to 5:00 p.m.
Your Conference Date
Your mandatory conference is scheduled for Wednesday, February
21, 2018, at 10:00am, at Chautauqua County Supreme Court, 2nd Floor,
Chautauqua County Courthouse, 1 North Erie St., Mayville, N.Y. 14757.
Sincerely,
Hon. Stephen W. Cass
Supreme Court Justice
cc: AMY L. MORRISON, SRL
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