On December 26, 2017 a
Party Statement
was filed
involving a dispute between
Quicken Loans Inc.,
and
Capital One Bank,
Discover Bank,
Jamie Leonard,
John Doe,
Scott Drum,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Tompkins County.
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FILED: TOMPKINS COUNTY CLERK 04/02/2019 03:30 PM INDEX NO. EF2017-0302
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/02/2019
CI2019-07041 Index # : EF2017-0302
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
QUICKEN LOANS INC.,
Plaintiff, ATTORNEY AFFIRMATION
v. Index No.: EF2017-0302
RJI No.: 2018-0010-C
SCOTT DRUM; JAMIE LEONARD;
DISCOVER BANK; CAPITAL ONE BANK
(USA) NA; JOHN DOE (SAID NAME BEING
FICTITIOUS TO REPRESENT UNKNOWN
TENANTS/OCCUPANTS OF THE SUBJECT
PROPERTY AND ANY OTHER PARTY OR
ENTITY OF ANY KIND, IF ANY, HAVING OR
CLAIMING AN INTEREST OR LIEN UPON
THE MORTGAGED PROPERTY),
Defendants.
James A. Meggesto, Esq., under penalties of perjury, hereby states and affirms that:
1. I am an attorney at law duly licensed to practice in the State of New York, and am
of counsel to the law offices of Meggesto, Crossett & Valerino, LLP, and maintain an office for
the practice of law at 313 East Willow Street, Suite 201, Syracuse, New York.
2. I am the attorney for the Defendant, ROCHELLE M. DRUM, in the above titled
action, and as such, I am fully familiar with the facts and circumstances surrounding this action.
3. I make this Affirmation in opposition to the pending Motion before the Court.
4. The Defendant, ROCHELLE M. DRUM, takes no position to the pending Motion.
5. I would respectfully call to the Court’s attention the fact that the Complaint in this
Action seeks only a deficiency judgment against the named mortgagor, or any other individual
bound by the mortgage, as is set forth in the Complaint.
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FILED: TOMPKINS COUNTY CLERK 04/02/2019 03:30 PM INDEX NO. EF2017-0302
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/02/2019
CI2019-07041 Index #: EF2017-0302
WHEREFORE, it is respectfully requested that this Court include in any Order that no
deficiency judgment be entered against the Defendant, ROCHELLE M. DRUM.
Dated: April 2, 2019
/s/ James A. Meggesto________
James A. Meggesto, Esq.
Meggesto, Crossett & Valerino, LLP
Attorneys for Plaintiff
313 East Willow Street, Suite 201
Syracuse, NY 13203
Tel: (315) 471-1664
2 of 2
Document Filed Date
April 02, 2019
Case Filing Date
December 26, 2017
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: TOMPKINS COUNTY CLERK 04/02/2019 03:30 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/02/2019 CI2019-07041 Index # : EF2017-0302 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS QUICKEN LOANS INC., Plaintiff, ATTORNEY AFFIRMATION v. Index No.: EF2017-0302 RJI No.: 2018-0010-C SCOTT DRUM; JAMIE LEONARD; DISCOVER BANK; CAPITAL ONE BANK (USA) NA; JOHN DOE (SAID NAME BEING FICTITIOUS TO REPRESENT UNKNOWN TENANTS/OCCUPANTS OF THE SUBJECT PROPERTY AND ANY OTHER PARTY OR ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON THE MORTGAGED PROPERTY), Defendants. James A. Meggesto, Esq., under penalties of perjury, hereby states and affirms that: 1. I am an attorney at law duly licensed to practice in the State of New York, and am of counsel to the law offices of Meggesto, Crossett & Valerino, LLP, and maintain an office for the practice of law at 313 East Willow Street, Suite 201, Syracuse, New York. 2. I am the attorney for the Defendant, ROCHELLE M. DRUM, in the above titled action, and as such, I am fully familiar with the facts and circumstances surrounding this action. 3. I make this Affirmation in opposition to the pending Motion before the Court. 4. The Defendant, ROCHELLE M. DRUM, takes no position to the pending Motion. 5. I would respectfully call to the Court’s attention the fact that the Complaint in this Action seeks only a deficiency judgment against the named mortgagor, or any other individual bound by the mortgage, as is set forth in the Complaint. 1 of 2 FILED: TOMPKINS COUNTY CLERK 04/02/2019 03:30 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/02/2019 CI2019-07041 Index #: EF2017-0302 WHEREFORE, it is respectfully requested that this Court include in any Order that no deficiency judgment be entered against the Defendant, ROCHELLE M. DRUM. Dated: April 2, 2019 /s/ James A. Meggesto________ James A. Meggesto, Esq. Meggesto, Crossett & Valerino, LLP Attorneys for Plaintiff 313 East Willow Street, Suite 201 Syracuse, NY 13203 Tel: (315) 471-1664 2 of 2