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HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al

Docket 004249/2015, New York State, Nassau County, Supreme Court (Mar. 2, 2022)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff - Petitioner HSBC BANK USA, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-4
Defendant - Respondent John Kerry Webber JR.
Defendant - Respondent Donna Webber
...
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EXHIBIT(S)

Document HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al, 004249/2015, 39 (N.Y. Sup. Ct., Nassau County May. 9, 2023)
that the within is a trus copy of the Order of the Honmable Julianne T. Capegain,
Road, Suits 734 Walt Whitman 11747 New York Melville, 271-3737 Teh (631) Dsfembrat Afternryjir John Keny WeMert
being duly swarm, deposes and states: the age of eighteen I am over
an employee of the law f,m af Hinghaw Ploor, New York,New York 10022. to the captioned am not a party and I am ention years, A Culbatson ILP,·located at S00 Thini Avenue, On January 11, 2019, class mall in a sealed first indicated below: I emused a tme copy addressed envelope, of Entry Nodes the within of known to the last addresses to be served by the addressess of
Esq. Ronald D. Weiss, for Defendant kaarney John Kerry Webber, 734 Walt Whitman New York Melville, Tel: 271-3737 (631)
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JUDGMENT -TO COURT (PROPOSED)

Document HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al, 004249/2015, 31 (N.Y. Sup. Ct., Nassau County May. 9, 2023)
UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and it appearing that more than the legally required number of days has elapsed since defendants, John Kerry Webber, Jr. and Donna Webber and People of the State of New York by: Village of Mineola and Eva Mae Jackson and New York City Parking and Traffic Violations Bureau and Property Tax Reduction Consultants Inc. and Dante Bullock and Jennifer Bullock, were so served and/or appeared; and Plaintiff having established to the court’s satisfaction that a judgment against defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants, Donna Webber and People of the State of New York by: Village of Mineola and Eva Mae Jackson and New York City Parking and Traffic Violations Bureau and Property Tax Reduction Consultants Inc. and Dante Bullock and Jennifer Bullock, are not absent, in accordance with RPAPL §1321(2); and A Referee having been appointed to compute the amount due to Plaintiff upon the bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in parcels; and UPON reading and filing the Report of Rita Solomon Esq. dated April 15, 2019, showing the sum of $521,132.91 due as of the date of said Report and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; NOW, on motion by LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, attorneys of record for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED, that the motion is granted; and it is further Judgment of Foreclosure and Sale Page 2 of 14
Ten percent of the purchase price for the Premises will be required to be paid for in cash or by a certified check to the Referee at the time and the place of the sale, and for which a receipt will be given.
Print Name LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC Attorneys for the Plaintiff Terms of Sale Page 6 of 6
I am an Associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, HSBC Bank USA, N.A., as trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2004-4, in the above captioned civil action.
I HEREBY CERTIFY, pursuant to § 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the papers in this action checked below, or the contentions therein, are not frivolous as defined in subsection (c) of § 130-1.1 of the Rules of the Chief Administrator (22 NYCRR): { } Summons & Complaint { } Answer or Reply { } Attorney Affirmation {X} Other: Order Confirming Referee Report and Judgment of Foreclosure and Sale Dated: May 4, 2023
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ORDER - AMENDING CAPTION

Document HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al, 004249/2015, 20 (N.Y. Sup. Ct., Nassau County Jul. 28, 2022)
Wor #8 ON the Summons and Complaint and Notice of Pendency of this actionfiled in the office ofthe Clerk of the County ofNassau on May 8, 2015, on the Additional Notice of Pendency filed on March 31, 2022, and on Notice ofMotion and Affirmation, dated April Y 2023, ofSteven: M. Palmer, Esq. of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC,attorneys for the Plaintiff, and upon amy exhibits attached thereto; and oh all the pleadings, papers and proceedings heretofore hadherein; and the Plaintiff's motion having come on to be heard before this Court; and due deliberation having been had on all the issues and matters raised therein; it is hereby ORDERED, that the Plaintiff's motion is granted in all respects; and it is further ORDERED,that pursuant to CPLR §§305(a), 3024(b), the Plaintiff is permitted to file a Supplemental Summons and Amented Complaint naming and adding Eve Mae Jackson, New York City Parking and Traffic Violetions Bureau, Property Tax Reduction Consultants Inc, as
_ index No. 0042492015 HSBC Bank USA, N.A., ag trustee for theregistered holders of the Renaissance Homa Equity Loan Asset- Backed Certificates, Series 2004-4, .
Plaintiff, ~ apninst - John Kerry Webber, Jr.; Donna Webber; People of the State ofNew York by: Villege ofMineola; Eva Mae Jackson; New York City Parking and Traffic Violations Bureau; Property Tax Reduction Consultants Inc.; Dante Bullock; Jennifer Bullock, ennanenRaa Defendants.
and it ig farther; ORDERED, that the Plaintiff hes demonstrated good cause pursuant to CPLR § 306-5 and, as such, the time for service ofprocess upon Eva Mae Jackson, New York City Parking and Traffic Violations Bureau, Property Tax Reduction Consultants Inc. is extended for a period of 120 days afterthe filing ofthe Supplemental Summons and Amended Complaintpers.
I am an Associate of LOGS Legal Group LLP f’k/a Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, HSBC Bank USA, N.A., as trusteefor the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2004-4, in the above captioned civil action.
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ORDER ( PROPOSED )

Document HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al, 004249/2015, 8 (N.Y. Sup. Ct., Nassau County May. 2, 2022)
Supplemental Summons and Amended Complaint naming and adding Eva Mae Jackson, New York City Parking and Traffic Violations Bureau, Property Tax Reduction Consultants Inc. as Order to Amend Summons and Complaint Page 1 of 2
the Renaissance Series Certificates, as trustee Home 2004-4, for the Equity registered Asset- Loan Plaintiff, - against - John State Webber, Kerry of New York New York Jr.; Donna by: Village Tax Webber; of Mineola; Traffic and Consultants the of People Eva Mae Violations Dante Jackson; Bureau; Bullock; Property Jennifer Parking City Reduction Bullock, Inc.; Defendants.
that the Plaintiff has demonstrated good cause pursuant to CPLR § 306-b and, as such, the time for service of pmcess upon Eva Mae Jackson, New York City Parking and Traffic Violations Bureau, Property Tax Reduction Consultants Inc. is extended for a period of days after the filing of the Supplemental Summons and Amended Complaint herein.
as trustee for the registered holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2004-4, in the above captioned civil action.
to the of my knowledge, and belief, an inquiry reasonable under the circumstances, that the presentation of the papers in this action checked below, or the contentions therein, are not frivolous as defined in subsection
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EXHIBIT(S)

Document HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al, 004249/2015, 13 (N.Y. Sup. Ct., Nassau County May. 2, 2022)
... and.complaint herein and proof that a12 the defendants have heen duty served with upon said the summons, or have voluntarity appeared in this actions and affidavits of earvice heretofore. filed from all of which it appears that none ...
... received all defendanto notices and that that have not explicitly waived notice have none of the defendents are indents, incompetento or sheentees ...
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AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION

Document HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al, 004249/2015, 49 (N.Y. Sup. Ct., Nassau County Aug. 21, 2023)
COLINTY OF,r-ASSAU HSBC Bank USA, N.A.. as trustee for the registered holders of the Rcnaissance Home Equity l-oan Asset- Backed Certifi cates.
Plaintiff s Alfidavit of Debt ("Exhibit P'') sho\,,.s monthly fees bcing cJrarged lor inspection ofthe mortgaged property.
Plaintiffshall be recluired to submit an updated proposed referee's report rhat colltpdes the amount due fbr the unaccounted period tiom February 28, 201 9.
When the potentid buyers contacted the City Hall in Glen Cove to obtain the title repon, rhe surve) slroued that my property is landlocked.
This af{idavit was prepared with the assistance ofan attorney lice law in the State of New York, in accordance with the Rules of fessiona t" I (Defen actrce t.v.// Signature) t SI tc- l.h .7 (n&*aint'sName) Swom to before me this 7 +L day of ,20d] 4t Notary Public t
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STIPULATION - ADJOURNMENT OF HEARING

Document HSBC BANK USA, N.A. v. JOHN KERRY WEBBER JR. et al, 004249/2015, 47 (N.Y. Sup. Ct., Nassau County Jun. 16, 2023)
registered holders of Renaissance Home Equity
Loan Asset-Backed Certificates, Series 2004-4, Plaintiff, STIPULATfON TO
New York City Parking and Traffic Violations Bureau; Property
(hereinafter "Drfrndnnt''), !lmt the Motion, retumnble for June 16 2023 is adjourned to attorneys for the ploi11tiff (hereinnftcr "Plaintiff") and the prose defendant Jahr,, Kerry Webber, Jr
in counterparts ond that u facsimile or clcctronicnlly transmitted copy of this Stipulation shall be
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