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NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C...

Docket 532494/2024, New York State, Kings County, Supreme Court (Dec. 2, 2024)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff NATIONSTAR MORTGAGE LLC
Defendant Unknown heirs of the estate of mary C. Randolph
Defendant UNITED STATES OF AMERICA
...
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ANSWER

Document NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH et al, 532494/2024, 20 (N.Y. Sup. Ct., Kings County Feb. 5, 2025)
The unnamed parties are without knowledge or information to form abelief sufficient in PARAGRAPHSONETHROUGH as to the truth of the allegations THREEANDFIVE THROUGHTWELVEof the Complaint; and therefore, denied the same.
With the exception of admitting that Defendant Mary C. Randolph died on June 10, 2015, the unnamed parties are without belief as to the truth of the allegations knowledge or information to form a in PARAGRAPHFOURof the contained sufficient Complaint; and therefore, denied the same.
The unnamed parties are without knowledge or information to form a belief sufficient in PARAGRAPHSFOURTEEN as to the truth of the allegations THROUGHTHIRTY of the Complaint; and therefore, denied the same.
This claim must fail because service of process is not proper since the unnamed are not unknown heirs of the Estate of Mary C. J. Randolph.
Dated: Brooklyn, NewYork February 3, 2025 because the unnamed ern E. De Jong amed Attomey for impson and Evert parties, Marjorie Simpson
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SUMMONS + COMPLAINT Redacted per 22 NYCRR §202.5(e)

Document NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH et al, 532494/2024, 1 (N.Y. Sup. Ct., Kings County Dec. 2, 2024)
The premises which forms the subject of this action is fully described in Schedule “A” attached hereto and is commonly known as 132 Newport Street, Brooklyn, NY 11212 and by Block: 3612 Lot: 30 (hereinafter referred to as “Subject Property”).
That the sale of the Subject Property and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR §§§ 317, 2003, and 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale.
On its First Cause of Action: a) The Defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the Subject Property; b) Said Subject Property be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLR § 317, CPLR § 2003 and CPLR § 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale.
Address ($treet and Numner Citf 4 81Qte ZIP 000a) 1000 St. Johns Place, Brooklyn, NewYork 11213 TNs is to certify that the forelloMgla atrue copyof a recordon fa10the Departmentol Health AndMontalRygtana.TheDepartmentof Flag¦ andMortialHygienedoespot certifyto the truth of the statemem madethereon,as no Inqulryasto the fttetshasbeenprowdedts mw 00 not Acces th s transcript Wies.5it bearsthegenurityNatureailatedonthe i)act Reproduct|dn or g|terationof this transcrEptIs prohibitedby §3.1B(D)of the NewYorRC|ty HealthCodeIf the purposele the evaslanor v)erstlenof Myprovislanof the Hea)r Cedaor any otherlaw.
charges directly in the county the debt evidenced and Lender covenant and agree as follows: shall pay when due the principal Borrower of, and interest on, Premises Improved by a one or two Fam ly Dweang Flood and Other Hazard Insurance.
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NOTICE OF APPEARANCE AND CLAIMS TO SURPLUS MONIES

Document NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH et al, 532494/2024, 21 (N.Y. Sup. Ct., Kings County Mar. 4, 2025)
PLEASE TAKE NOTICE that the defendant United States of America (the “United States”), hereby appears in the action and that the undersigned is duly authorized to appear as attorney for said defendant therein (except as noted below), and hereby waives service of all papers and notice of all proceedings in said action with the exception of the following:
Notice of any motion or other paper seeking to challenge the lien or other interest of record of the United States;
United States fails to set forth with particularity an interest or lien of the United States, or to provide the information specifically required with respect to any federal tax lien in the manner required under 28 U.S.C. § 2410(b) (requiring the name and address of the taxpayer whose liability created the lien and, if a notice of the tax lien was filed, the identity of the internal revenue office which filed the notice and the date and place such notice of lien was filed), the undersigned is not authorized to appear for the United States in respect to such unidentified or inadequately identified interest or lien of the United States, and the United States will maintain that it is not party to the matter for purposes of such unidentified or inadequately identified interest of the United States because the statutory waiver of sovereign immunity is conditioned upon compliance with § 2410(b).
In the event that a sale pursuant to the plaintiff’s complaint results in surplus proceeds, the United States is without knowledge of the validity, extent, or priority of any claim of any co-defendant and reserves the right to address such matters at such time as a dispute over surplus proceeds becomes ripe.
Attorneys for Plaintiff 485 B Route 1 South, Suite 330 Iselin, New Jersey 08830
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AFFIRMATION/AFFIDAVIT OF SERVICE UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH H/S/A MARJORIE SIMPSON, AS DEVISEE AND DISTRIBUTEE - ... show more

Document NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH et al, 532494/2024, 18 (N.Y. Sup. Ct., Kings County Jan. 10, 2025)
is over 18 yeamof age and foe undersigned beirg duly surn deposes avl sms that deponent anapu
fnarked "Pesortal and Conteentiar that the commLlnicaSon is homan anomeyor concemsari action agai;nst the pemors fo be odside toereof, by retura adøress or otherwrse.
P. S. and ma4edto the above address on individua' to be faachë-pVserwe ä bã5iTMlw CwpasathruGoveenmediÄfeicyCnt4y- Said Corporatierr By de5ivedro to ard leaving mth - LLC f LLP who spec4cally stated hefsne wasautitorize(I J dwellmg piane By affixing a tree copy thorcot tothe door- being the defendant'respondenfs last Mownaddress wi1hin the $1a12.
Plaintiff(s) Defendant(s) The undersigned deposes and says: that deponent is not a party to this action, is over 18 years of age, resides in the State of NewYork and pursuant to CPLR2106, and under the penalties of perjury, hereby affirm as follows.
In addition to seeking assistance that you maycontact there are government agencies and non-profit organizations to work with your lender information about possible for options, including trying during this process.
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AFFIRMATION UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH H/S/A EVERT SIMPSON, AS AN EXECUTOR - 3215 AFFIRMATI ... show more

Document NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH et al, 532494/2024, 17 (N.Y. Sup. Ct., Kings County Jan. 10, 2025)
UnknownHeirs of the Estate of Mary C. Randolph, et al.
Plaintiff Defendant(s) The undersigned that deponent is not a party being duly sworn deposes and says: to this action, to CPLR2106, and in the State of NewYork and pursuant is over 18 years of age, under the penalties of perjury, resides hereby affirm as follows.
the defendant herein, properly enclosed in an envelope addressed within to said defendant [- Place of Employment at defendants MDwelling Place/Usual place of abode at 437 Southlake Road, Columbia, SC29223 bearing the legend "PERSONAL& CONFIDENTIAL" and not from an attorney the communication is address or otherwise, by return that indicating [- Last known address on the outside thereof, or concerns an depository under the exclusive alleged debt.
That deponent deposited said envelope in an official care and custody of the United States Postal Service at Penfield, NY14526 , 20 p n under the penalties of perjury under the laws of NewYork, which this document maybe filed in an is true, and I understand that the foregoing I affirm on mayinclude abne or imprisonment, that action or proceeding in a court of law.
Paula Zahariadis
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AFFIRMATION/AFFIDAVIT OF SERVICE UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH H/S/A EVERT SIMPSON, AS AN EXECUTOR - AFFIRMATION OF ... show more

Document NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH et al, 532494/2024, 16 (N.Y. Sup. Ct., Kings County Jan. 10, 2025)
Indes Number: 0UNTYOFKtNGS oate Filed: _ ___ ..___ Nathmstar Mortgqge LLC & UnknownHeirs ofthe Euate of MayC Randolph, et at useoz4oacoaz 2 stone.
is over 18 years at age and is not a party to ths actort The undersigned belug ddy swatm deposes and says: that deponent and pursaarnto CPiR2106, and uMarthe penalties of perjury, hereby atti
South Carolina resides in the State of date 30 December 2024 at the foliewitig tirne: That on the following deponent served the witNn 437 Southtake Road, Co_lumbia.
By desvering a true copy the Individual Responsime sy deavering to end Isaving wdh / respondeds a trun copy thereal a person of susable ageand discretiovt Said premises meing ttie defendant J usual pace of abode last Itnown address mthin the State { I piece of tunnear#8mployinent [ ] ] dwelling place [ { indicatirg orn the Acopy thereof was deposded in a postpage.
of people who approach you with offers Be careful There are individuals who watch for notices of foreclosure in order to actions You should be extremely from a homeowner's distress.
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AFFIRMATION UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH H/S/A MARJORIE SIMPSON, AS DEVISEE AND DISTRIBUTEE - ... show more

Document NATIONSTAR MORTGAGE LLC v. UNKNOWN HEIRS OF THE ESTATE OF MARY C. RANDOLPH et al, 532494/2024, 19 (N.Y. Sup. Ct., Kings County Jan. 10, 2025)
UnknownHeirs of the Estate of Mary C. Randolph, et al. Index No.: 532494/2024
Defendant(s) The undersigned resides that deponent is not a party being duly sworn deposes and says: to this action, to CPLR2106, and in the State of NewYork and pursuant is over 18 years of age, of perjury, under the penalties hereby affirm as follows.
the defendant herein, properly enclosed in an at defendants envelope addressed to said defendant MDwelling Place/Usual [- Place of Employment place of abode 437 Southlake Road, Columbia, SC29223 bearing the legend "PERSONAL& CONFIDENTIAL" and not from an attorney the communication is by return address or otherwise, at that [- Last known address on the outside thereof, or concerns an indicating alleged debt.
That deponent deposited said envelope in an official care and custody of the United States Postal Service at Penfield, NY14526 of perjury under the laws of NewYork, which under the penalties this document may be filed in an is true, and I understand that I affirm on may include a fine or impri onment, that or proceeding in a court of law.
action , 20 the foregoing depository under the exclusive Paula Zahariadis
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