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MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOC...

Docket 537957/2023, New York State, Kings County, Supreme Court (Dec. 29, 2023)
Carolyn Mazzu Genovesi, presiding
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE
Defendant Marianie Jones A/K/A MARIANIE N. JONES A/K/A MERIANIE N. JONES
Defendant NEW YORK CITY ENVIRONMENTAL CONTROL BOARD
...
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ANSWER DTD 02/28/2024 (VERIFIED)

Document MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE v. MARIANIE JONES et al, 537957/2023, 29 (N.Y. Sup. ...
program is to assist senior citizens to stay in their homes, and reverse mortgage lenders have other remedies in the event of alleged failure to pay charges.
§ 1024.39): Upon information and belief, Plaintiff violated the early intervention requirements of the Real Estate Settlement Procedures Act because (check one or both if applicable): Within 36 days the loan servicer did not attempt to establish live
Civil Practice Law and Rules § 3408(f)): In a prior foreclosure action, Plaintiff failed to negotiate in good faith pursuant to CPLR 3408(f).
This failure to negotiate in good faith has caused excessive interest and fees to accrue which Plaintiff, as a matter of equity and by operation of the CPLR, is not entitled to recover.
Violations of NY Real Property and/or its predecessor-in-interest's Law § 280-b: of NY Real I have violations been injured by reason of Plaintiff's Property Law § 280-b or the rules and regulations of the federal Department of Housing and Urban Development relating to the home program and I am therefore entitled to recover treble and actual equity conversion mortgage damages, in addition to reasonable attorneys' fees if retain an attorney, in an amount to be proven at trial.
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SUMMONS + COMPLAINT SUMMONS AND COMPLAINT

Document MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE v. MARIANIE JONES et al, 537957/2023, 1 (N.Y. Sup. C...
serving by company the you can who answer lose summons this to attorneys the proceeding judgment for against may and be complaint mortgage the and you filing and entered Speak for your an to further property.
last unknown parties occupants, any, lien being or claiming premises, the the tenants, corporations, interest an described in the having upon the complaint, - - - - - - - - - - - - - - - Defendant(s).
with all right, title and interest of the defendant in and land of and to the lying in the streets and roads in front adjoining said premises.
Plaintiff verily believes this action, in order to protect that the during the pendency of security of the within mortgage, if any, it for may be compelled to make advances to prior mortgagees, installments of principal and interest, taxes, premiums that are assessments, or may water rates, and/or fire insurance become due under said prior mortgage or to the receiver taxes, or to the fire insurance company, which advances are to included in the balance due to plaintiff, plus interest, provided for in the within mortgage foreclosed and deemed further of be as secured thereby
As of the date hereof, the plaintiff is the owner and holder of the subject mortgage and note, or has been delegated the authority to institute
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE v. MARIANIE JONES et al, 537957/2023, 32 (N.Y. Sup. ...
Sam Cacioppo, being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and resides in the State of New York.
attached exhibits on the following parties following by depositing a true copy of same enclosed in postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York: Marianie Defendant 913 E 83rd Brooklyn, Jones Se Pro Street
I affirm this 1day of May 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.
Attorneys and Post 6851 Jericho Office Syosset, Telephone: Facsimile: (516) (516)
for Plaintiff Office Address, Suite Turnpike,
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REPLY TO COUNTERCLAIM(S) Verified Reply to Counterclaims

Document MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE v. MARIANIE JONES et al, 537957/2023, 31 (N.Y. Sup. ...
Plaintiff denies each and every allegation set forth in the paragraph marked and designated as "Attorney's Fees" of the Defendant's Counterclaim.
Plaintiff denies that it has any knowledge or information sufficient to form a belief as to the truth of the allegations set forth in the paragraph marked and designated as "Attorney's Fees" of the Defendant's Counterclaim.
Hence, the Defendant's Counterclaim is barred the by equitable principles, including, but not limited to, waiver, estoppel, laches, unclean hands and the election of remedies doctrine.
- - -- _ _ _- _ - - ...x Hans H. Augustin, Esq., an attorney duly licensed to practice law before the Courts of the State of New York, hereby affirms the following under penalties of perjury and pursuant to CPLR 2106:
attorneys of record for Plaintiff Mill Mortgage Loan Trust 2015-1, Wilmington Savings Fund Society,
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NOTIFICATION FROM COURT

Document MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE v. MARIANIE JONES et al, 537957/2023, 30 (N.Y. Sup. ...
Please note: the sooner the conference process starts, the better your chances are of saving your home from foreclosure.
You do need to fill out a form to be considered for “Poor Person Relief.” You may also ask the Court to appoint an attorney to represent you.
You may request this form from the court or your legal service provider or housing counselor.
You need to bring the following paperwork to help us consider, and possibly settle, your case: • The summons and complaint (the legal paperwork from your lender) • Current proof of income including any paystubs (two most recent) • If self-employed, profit and loss statement • Recent mortgage statements • Property tax statements (last two years) • Recent income tax returns (last two years) • Statements of any social benefits you receive • Recent bank statements (last two months) • List of monthly expenses • Any rental agreements or proof of rental income • Any previous applications for loan modifications • Anything else that you think is important
Visit the court’s website at [Foreclosure Resources | NY CourtHelp (nycourts.gov)], or call 347/401-9334 if you need more help
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NOTICE OF PENDENCY RE-FILED NOTICE OF PENDENCY Redacted per 22 NYCRR §202.5(e)

Document MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE v. MARIANIE JONES et al, 537957/2023, 28 (N.Y. Sup. ...
twelve to plaintiff, intended persons or through names being being or claiming premises, having upon the
action, and at Lot that the at of were, time on the the 134, State to of wit: New York, mortgaged the time premises of the the land and is filing and tax described of this map of in by the of affected commencement notice situate the County said of mortgage the made
and interest streets the of the roads and in this notice The to Clerk the of names the County the
Block 8020 and Lot 134 ALL that situate, bounded certain of or parcel piece plot, lying and in the Borough being and described as follows: land, with the of Brooklyn, buildings County thereon and improvements erected, of New York, of Kings, City and State at a point
along the Easterly side of East 83rd Street, 28 feet 8 inches to the point or place of Premises known as 913 E 83rd Street, Brooklyn, New York 11236 6102 S. Memorial Drive " Tulsa, OK 74133 " Telephone: (918) 943.3000 " Fax (918) 512.4335 www.titleclearing.net Index No: 537957/2023 Year
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NOTIFICATION FROM COURT

Document MILL CITY MORTGAGE LOAN TRUST 2015-1, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE v. MARIANIE JONES et al, 537957/2023, 27 (N.Y. Sup. ...
A conference will be held in this case on: March 12, 2024 at 2:30PM
This is an in-person appearance for Defendants NOT represented by an attorney.
If you are represented by an attorney, you should make them aware of this appearance.
This information should be provided to the Court PRIOR to the scheduled appearance.
The SUBSEQUENT conferences for this case will be IN PERSON as per OCA Counsel’s Office CPLR 3408 Residential Foreclosure Memorandum.
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