On December 07, 2018 a
Motion-Secondary
was filed
involving a dispute between
Wells Fargo Bank N A,
and
Michael J Redford,
Patricia O Redford,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Chautauqua County.
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FILED: CHAUTAUQUA COUNTY CLERK 01/09/2019 08:02 AM INDEX NO. EK12018001856
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/09/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHAUTAUQUA
WELLS FARGO BANK, N.A. PLAINTIFF'S AFFIRMATION
FOR CANCELLATION OF LIS
Plaintiff, PENDENS AND
DISCONTINUANCE OF
v. ACTION
MICHAEL J. REDFORD, PATRICIA O. REDFORD, Index No.: EK12018001856
and JOHN DOE,
MORTGAGED PREMISES:
Defendants. 6992 Route 5
Portland, NY 14769
SBL.: 160.00-2-10.2 f/k/a 30-1-
4.2
STATE OF NEW YORK)
COUNTY OF ERIE) SS:
Arden L. Florian, Esq., pursuant to CPLR 2106, under penalty of perjury affirms as follows:
1. That Affirmant is an Associate with Woods Oviatt Gilman LLP the attorneys of record for
the Plaintiff in the above entitled action.
2. That this action was commenced to foreclose a mortgage upon real property known as 6992
Route 5, Portland, NY 14769.
3. That the Summons, Complaiñt, and Notice of Pendency of Action (Lis Pendens) in this
action was filed in the Office of the Clerk of the County of Chautauqua on the 7th day of
December, 2018.
4. That allDefendants have been served with the Summons and Cornphint in thisaction.
5. After service upon the defendants, but before twenty days have elapsed since the due service
of the Summons and Complaint herein, or thirty days where the Defendant has been served
other than by personal service, the borrowers reinstated the loan.
6. That the time of the Defendants to appear, answer or otherwise move, with respect to the
Complaint has not been extended by stipulation, order of the court or otherwise, and that no
Defendants have appeared in thisaction.
7. Plaintiff has elected to not proceed with the subject foreclosure action and wishes to
discontinue same because Defendants have reinstated the loan and the loan is no longer in
default.
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FILED: CHAUTAUQUA COUNTY CLERK 01/09/2019 08:02 AM INDEX NO. EK12018001856
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/09/2019
8. As a consequence Plaintiff wishes to cancel the Lis Pendens, and discontinue this action,
which isthe relief plaintiff isnow requesting.
9. That by cancelling the Notice of Pendency, Plaintiff hereby de-accelerates the Loan that is
the subject of this action without further notice, withdraws itsprior demand for immediate
payment in fullof all sums secured, and reinstitutesthe Loan as an Installment Loan.
10. No previous application for this reliefhas been made in this action.
The undersigned affirms that the foregoing statements are true, under penalty of perjury.
Dated: ( '
Buffalo, Y Ar n L Flonan,
Attorneys for Plnintiff
700 Crossroads Building
2 State Street
Rochester, New York 14614
Telephone: 855-227-5072
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Document Filed Date
January 09, 2019
Case Filing Date
December 07, 2018
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: CHAUTAUQUA COUNTY CLERK 01/09/2019 08:02 AM INDEX NO. EK12018001856 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/09/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF CHAUTAUQUA WELLS FARGO BANK, N.A. PLAINTIFF'S AFFIRMATION FOR CANCELLATION OF LIS Plaintiff, PENDENS AND DISCONTINUANCE OF v. ACTION MICHAEL J. REDFORD, PATRICIA O. REDFORD, Index No.: EK12018001856 and JOHN DOE, MORTGAGED PREMISES: Defendants. 6992 Route 5 Portland, NY 14769 SBL.: 160.00-2-10.2 f/k/a 30-1- 4.2 STATE OF NEW YORK) COUNTY OF ERIE) SS: Arden L. Florian, Esq., pursuant to CPLR 2106, under penalty of perjury affirms as follows: 1. That Affirmant is an Associate with Woods Oviatt Gilman LLP the attorneys of record for the Plaintiff in the above entitled action. 2. That this action was commenced to foreclose a mortgage upon real property known as 6992 Route 5, Portland, NY 14769. 3. That the Summons, Complaiñt, and Notice of Pendency of Action (Lis Pendens) in this action was filed in the Office of the Clerk of the County of Chautauqua on the 7th day of December, 2018. 4. That allDefendants have been served with the Summons and Cornphint in thisaction. 5. After service upon the defendants, but before twenty days have elapsed since the due service of the Summons and Complaint herein, or thirty days where the Defendant has been served other than by personal service, the borrowers reinstated the loan. 6. That the time of the Defendants to appear, answer or otherwise move, with respect to the Complaint has not been extended by stipulation, order of the court or otherwise, and that no Defendants have appeared in thisaction. 7. Plaintiff has elected to not proceed with the subject foreclosure action and wishes to discontinue same because Defendants have reinstated the loan and the loan is no longer in default. (6882901:4 }20184645 1 of 2 FILED: CHAUTAUQUA COUNTY CLERK 01/09/2019 08:02 AM INDEX NO. EK12018001856 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/09/2019 8. As a consequence Plaintiff wishes to cancel the Lis Pendens, and discontinue this action, which isthe relief plaintiff isnow requesting. 9. That by cancelling the Notice of Pendency, Plaintiff hereby de-accelerates the Loan that is the subject of this action without further notice, withdraws itsprior demand for immediate payment in fullof all sums secured, and reinstitutesthe Loan as an Installment Loan. 10. No previous application for this reliefhas been made in this action. The undersigned affirms that the foregoing statements are true, under penalty of perjury. Dated: ( ' Buffalo, Y Ar n L Flonan, Attorneys for Plnintiff 700 Crossroads Building 2 State Street Rochester, New York 14614 Telephone: 855-227-5072 {6882901:4 }20184645 2 of 2