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FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al

Docket 037120/2024, New York State, Rockland County, Supreme Court (Nov. 22, 2024)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff FEDERAL HOME LOAN MORTGAGE CORP-TR
Defendant Thomas W Spedden JR
Defendant Tracey Spedden
...
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ANSWER WITH COUNTER-CLAIM(S)

Document FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al, 037120/2024, 25 (N.Y. Sup. Ct., Rockland County Dec. 31, 2024)
Defendants lack knowledge or information sufficient to form a belief with respect to the truth of the allegations contained in paragraphs 5 and 13 of the Complaint.
Upon information and belief, plaintiff violated TILA and Regulation Z by, among other actions or inactions, misrepresenting to defendants that they did not have the right to back out of the mortgage transaction
Additionally, plaintiff is liable to defendants for: a. actual damages in an amount to be determined at trial; and b. costs and disbursements incurred in this proceeding.
Making a "high-cost loan" to the defendants Engaging in one or more of the prohibited practices as set forth in subsection (2) of the aforementioned statute, which mayinclude, but not limited to: failing to undertake due diligence required regarding the defendants' ability to repay the loan, and failing to issue to the borrower the required "Consumer Caution and Home Ownership Counseling Notice".
Plaintiff prohibited practices without counseling violated one or more the limitations or engaged in one or more of the in Banking Law section 6-m (2), disclosure and list of counselors" as recited including 6-m (2)(j) "no lending
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SUMMONS + COMPLAINT S&C

Document FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al, 037120/2024, 1 (N.Y. Sup. Ct., Rockland County Nov. 22, 2024)
2024 and which dated April 2021-1, of mortgage 26, by assignment the Office was recorded in of the CLERK of in Instrument#: 2024-00011412 on April 26, standing to commence the within action by virtue of of ROCKLAND the County Plaintiff 2024. has the Transferee of the original Note, heretofore validly being transferred and currently the Note and the Mortgage in its possession and is the current holder of both it secures.
loan modification make the required herein elects to the secured under his thereby note and by failing plaintiff balance to of $208,565.61 to be immediately due and payable under the mortgage herein foreclosed, advances made or plus interest, to be made to protect deferred amounts, and any Plaintiffs Mortgage, all to be computed together with the Referee by a reasonable authorized to be appointed for the purpose, legal fees if same is sum representing to be awarded by the Court.
Plaintiff is a foreclosure action by the owner and holder the and note are subject mortgage in of the and control a TRUSTEE FOR FREDDIE MAC SEASONEDCREDIT or that of the custodian.
receiver of the rents and profits of said premises, the usual powers and duties; be brought into court; that plaintiff the pendency of this action with from the sale may the amount due during that monies arising may be paid interest on said note and Mortgage with to the time of such payment, attorney's fees, as set forth in the costs the Mortgage, as the amount of of that this action and the expenses of said sale so far applicable thereto will defendant, pay the same; such monies properly to pay the THOMASW.
as may be deemed just and and further relief in by the Court and Proceedings thereof to be determined of the Real Property the plaintiff That the premises Dated: November 22, 2024 New York Syosset,
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REPLY TO COUNTERCLAIM(S)

Document FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al, 037120/2024, 26 (N.Y. Sup. Ct., Rockland County Jan. 14, 2025)
_ - - - - - _ - _ x Plaintiff, Credit Risk Transfer Trust, Series 2021-1, ("Plaintiff'), as as Trustee for Freddie Mac Seasoned Federal HomeLoan Mortgage Corporation by its attorneys ROACH& LIN, P.C., of the defendant to the Verified Answer with Counterclaims and for its reply Thomas W. Spedden Jr., ("Counterclaims") as follows: alleges ("Defendant")
Hence, the Defendant's Counterclaims are barred by the equitable principles, including, but not limited to, waiver, estoppel, laches, unclean hands and the election of remedies doctrine.
law before the Courts of the Hans H. Augustin, law licensed to practice Esq., an attorney at State of NewYork and the attorney to the best of hereby certifies in this for Plaintiff action, that, under the an inquiry formed after reasonable and belief, information knowledge, his/her (or motion if the or of the presentation affidavit applicable), pleading, this circumstances, as defined by 22 NYCRR130-1.1(c).
Hans H. Augustin, Esq., an attorney duly licensed to practice State of NewYork, hereby affirms the following under penalties law before the Courts of the to CPLR and pursuant of perjury 2106:
I am associated with the law firm of ROACH& LIN, P.C., Federal HomeLoan Mortgage Corporation as Trustee For Freddie Mac Seasoned Credit I amfamiliar with the facts of this case attorneys of record for
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NOTICE OF FORECLOSURE SETTLEMENT CONFERENCE

Document FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al, 037120/2024, 24 (N.Y. Sup. Ct., Rockland County Dec. 30, 2024)
It is important that you arrive at the Foreclosure Courtroom, 3rd floor, and check in with the clerk promptly at You are encouraged and directed to appear at as there will be representatives and housing counselors from the Legal Aid Society, Rockland Housing Action coalition and Legal Services of The Hudson Valley available to you, to help assist you and answer any questions you may have.
The purpose of this conference includes, but is not limited to, determining whether you and the Plaintiff can reach a mutually agreeable resolution to help you avoid losing your home, or to discuss other ways in which the action might be settled.
You must bring the following to the conference: copies of your federal income tax returns for the last two years, a list of your monthly expenses, the amount of your annual property taxes, copies of any applications for loss mitigation which you may have submitted in the past, benefits information, and rental agreements or proof of rental income.
The Plaintiff must bring to the conference: (i) the payment history: (ii) an itemization of the amounts needed to cure and pay off the loan; (iii) the mortgage and note or copies of the same; (iv) standard application forms and a description of loss mitigation options, if any, which may be available to the defendant; and (v) any other documentation required by the presiding judge.
Blvd., 9th Floor, White Plains, NY 10601, can also assist you by providing information about the foreclosure process as well as sample court forms andinstructions.
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AFFIDAVIT AFF NON-SERVE/DD (SPEDDEN, THOMAS W.) 45 DREW AVE., HIGHLAND FALLS NY

Document FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al, 037120/2024, 16 (N.Y. Sup. Ct., Rockland County Dec. 20, 2024)
Roberto Cedeno.
being duly sworn, deposes and says: that deponent is not a party to this action, and resides in NewYork State; that on December 17.
NY 10928 deponent attempted to serve the within
SPEDDENJR.. is over the age of eighteen (18) years Unknownat address Moved, left no forwarding Evading Unable to serve in timely X Other ÓEÖND S RVEÔ ANAI TEÔNÃTE R fashion House vacant Address does not exist Service canceled by litigant No other occupants / tenants over 18 years of age .
Sworn to before me Roberto Cedeno Server's Lic # Invoice / Work Order # W1039594 DEMdit Afl00NGUEl Nolary Pub¾State of NewM No.01RO6316495 Qealmedinoutchess Camiy conne
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AFFIDAVIT AFF NON-MIL (SPEDDEN, THOMAS W.)

Document FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al, 037120/2024, 15 (N.Y. Sup. Ct., Rockland County Dec. 20, 2024)
the above is the status of the Department of Defense ManpowerData Center, based on the information Upon searching that you provided, the data banks of (Army, Navy, Marine Corps, Air Force, Space Force, NOAA,Public the individual on the active duty status date as to all branches of the Uniformed Services on a Servicememberor his/her Health, and Coast Guard).
Reporting System (DEERS)database which is the official source of data on eligibility supports the enforcement of the Servicemembers Civil Relief Act (50 USCApp.
DMDChas issued hundreds of thousands of "does not possess any information the Soldiers' the that indicating on active duty" above, or any family In the event the individual and has experienced only a small error rate.
service under a call the National Guard, this includes to active service of Defense under 32 USC§ 502(f) for purposes of responding to a national emergencydeclared by the by the President authorized or the Secretary All Active Guard Reserve (AGR)membersmust be assigned against an authorized mobilization and supported by Federal position in the funds.
Persons seeking to rely on this website should check to make sure the orders on which SCRAprotections are based have not been amendedto extend the inclusive dates of service.
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RJI -RE: RESIDENTIAL MORTGAGE FORECLOSURE SETTLEMENT CONFERENCE SETTLEMENT CONFERENCE, RJI AND RESIDENTIAL FORECLOSURE PROGRAM STATEMENT (SPEDDEN, THOMAS W.)

Document FEDERAL HOME LOAN MORTGAGE CORP-TR v. THOMAS W SPEDDEN JR et al, 037120/2024, 22 (N.Y. Sup. Ct., Rockland County Dec. 20, 2024)
If none, teave blank NYSCEF DOC. NO.
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