Motion,Ex Parte: Ditech Financial Llc v. Barbara Boser A/K/A BARBARA KOZHUHAROV, Midland Funding Llc Dba In Ny As Midland Funding Of Delaware Llc, John Doe #1 Through John Doe #12, the last twelve 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, described in the complaint
On April 11, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Ditech Financial Llc,
and
Barbara Boser A K A Barbara Kozhuharov,
John Doe #1 Through John Doe #12, The Last Twelve 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, Described In The Complaint,
Midland Funding Llc Dba In Ny As Midland Funding Of Delaware Llc,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Erie County.
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FILED: ERIE COUNTY CLERK 02/05/2019 03:04 PM INDEX NO. 805765/2018
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/05/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
____________ _____.-- --------X
DITECH FINANCIAL LLC, INDEX NO.: 805765/2018
Plaintiff(s), NOTICE OF MOTION FOR A DEFAULT
v. JUDGMENT, ORDER OF REFERENCE,
AND JUDGMENT OF FORECLOSURE
BARBARA BOSER A/K/A BARBARA AND SALE
KOZHUHAROV; . MIDLAND FUNDING
LLC DBA IN NY AS MIDLAND FUNDING MORTGAGED PROPERTY:
OF DELAWARE, LLC; 6918 WELLINGTON DRIVE
DERBY, NY 14047
#1" #12,"
"JOHN DOE through "JOHN DOE
the last twelve names being fictitious and COUNTY: ERIE
unknown to plaintiff the persons or parties SBL#: Section 206.08, Block 3, Lot 11.1
intended being the tenants, occupants, persons
or corporations, if any, having or claiming an
interest in or lien upon the premises, described
in the complaint,
Defendant(s)
-------------- -----------X
PLEASE TAKE NOTICE that upon the attached affirmation of JADWIGA SZAJNER,
ESQ. dated , the affidavit of KENNETH DEWAYNE
CAST, JR., sworn to December 21, 2018, the exhibits attached thereto, and all prior proceedings
in this case, Plaintiff DITECH FINANCIAL LLC will move this court on
MDwth AD1DR at 9:30 a.m. before Hon. at the
Supreme Court of ERIE County, 25 Delaware Avenue Buffalo, NY 14202, or as soon thereafter
as the parties may be heard, for an order:
1. Declaring that all non-appearing and non-answering defendants are in default
pursuant to CPLR §3215;
2. Determining the amount due to plaintiff in accordance with RPAPL §1321;
3. Granting a Judgment of Foreclosure and Sale pursuant to RPAPL §1351;
1 of 2
FILED: ERIE COUNTY CLERK 02/05/2019 03:04 PM INDEX NO. 805765/2018
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/05/2019
4. Appointing a referee to conduct an auction sale pursuant to applicable law;
5. Directing the distribution of the sale proceeds pursuant to RPAPL §1354;
#1" #12"
6. Removing "John Doe through "John Doe as a party defendant in this action
#1"
and amending the caption to reflect the removal of "John Doe through "John Doe
#12"
as a party defendant;
7. Such additional relief as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers,
if any, are to be served upon the undersigned no later than seven (7) days prior to the
return date of the within motion.
DATED:
e tbury, New\York
}'t , Esq.
JADÝ A SZ JNER, ESQ.
RAS oriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
TO: BARBARA BOSER A/K/A BARBARA KOZHUHAROV
763 GRIFFIN RD
BELTON, SC 29627
MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF
DELAWARE, LLC
B/S/U CORPORTATION SERVICE COMPANY AS REGISTERED AGENT
80 STATE STREET
ALBANY, NY 12207
2 of 2
Real Property - Mortgage Foreclosure - Residential
Status
Disposed
Parties
Barbara Boser A/K/A BARBARA KOZHUHAROV
Defendant
BORISKIN, SARA Z.
Attorney for the Plaintiff
DITECH FINANCIAL LLC
Plaintiff
JOHN DOE #1 THROUGH JOHN DOE #12, the last twelve 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, described in the complaint
Defendant
MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE LLC
Defendant
KENNETH DEANE
Attorney
ANTHONY CELLUCCI
Attorneys for Plaintiffs
ANNETTE SHACHTER
Attorneys for Plaintiffs
ALECIA DANIEL
Attorneys for Plaintiffs
JADWIGA SZAJNER
Attorney
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FILED: ERIE COUNTY CLERK 02/05/2019 03:04 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/05/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ____________ _____.-- --------X DITECH FINANCIAL LLC, INDEX NO.: 805765/2018 Plaintiff(s), NOTICE OF MOTION FOR A DEFAULT v. JUDGMENT, ORDER OF REFERENCE, AND JUDGMENT OF FORECLOSURE BARBARA BOSER A/K/A BARBARA AND SALE KOZHUHAROV; . MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING MORTGAGED PROPERTY: OF DELAWARE, LLC; 6918 WELLINGTON DRIVE DERBY, NY 14047 #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and COUNTY: ERIE unknown to plaintiff the persons or parties SBL#: Section 206.08, Block 3, Lot 11.1 intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s) -------------- -----------X PLEASE TAKE NOTICE that upon the attached affirmation of JADWIGA SZAJNER, ESQ. dated , the affidavit of KENNETH DEWAYNE CAST, JR., sworn to December 21, 2018, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff DITECH FINANCIAL LLC will move this court on MDwth AD1DR at 9:30 a.m. before Hon. at the Supreme Court of ERIE County, 25 Delaware Avenue Buffalo, NY 14202, or as soon thereafter as the parties may be heard, for an order: 1. Declaring that all non-appearing and non-answering defendants are in default pursuant to CPLR §3215; 2. Determining the amount due to plaintiff in accordance with RPAPL §1321; 3. Granting a Judgment of Foreclosure and Sale pursuant to RPAPL §1351; 1 of 2 FILED: ERIE COUNTY CLERK 02/05/2019 03:04 PM INDEX NO. 805765/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/05/2019 4. Appointing a referee to conduct an auction sale pursuant to applicable law; 5. Directing the distribution of the sale proceeds pursuant to RPAPL §1354; #1" #12" 6. Removing "John Doe through "John Doe as a party defendant in this action #1" and amending the caption to reflect the removal of "John Doe through "John Doe #12" as a party defendant; 7. Such additional relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers, if any, are to be served upon the undersigned no later than seven (7) days prior to the return date of the within motion. DATED: e tbury, New\York }'t , Esq. JADÝ A SZ JNER, ESQ. RAS oriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 TO: BARBARA BOSER A/K/A BARBARA KOZHUHAROV 763 GRIFFIN RD BELTON, SC 29627 MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE, LLC B/S/U CORPORTATION SERVICE COMPANY AS REGISTERED AGENT 80 STATE STREET ALBANY, NY 12207 2 of 2