• All Courts
  • Federal Courts
  • Bankruptcies
  • PTAB
  • ITC
Track Search
Export
Download All
11 results

Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Tr...

Docket 58196/2025, New York State, Westchester County, Supreme Court (Feb. 26, 2025)
Case TypeReal Property - Mortgage Foreclosure - Commercial
TagsReal Property, Mortgage Foreclosure, Commercial, Civil
Plaintiff Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6
Defendant Juan Medina
Defendant New York State Department of Taxation and Finance
...
cite Cite Docket

SUMMONS + COMPLAINT

Document Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 v. Juan Medina et al, 58196/2025, 1 (N.Y. Sup. Ct., West...
Plaintiff, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 (hereinafter “Plaintiff”), at all times hereinafter mentioned was and still is a duly organized corporation or association with offices at c/o Select Portfolio Servicing, Inc., 3217 S. Decker Lake Drive, Salt Lake City, UT 84119.
On February 26, 2019, Juan Medina (hereinafter “Borrower” and “Mortgagor”) being indebted to FM Home Loans, LLC, in the sum of $367,500.00, executed a note to secure that sum with an initial interest rate of 7.250% per annum, payable in successive monthly installments of $2,507.00 on the same day of each month commencing April 1, 2019 and the final payment to be made March 1, 2049 (hereinafter “Note”).
On or about October 15, 2021, Borrower executed to Select Portfolio Servicing, Inc., a deferral agreement which, by its terms, deferred a total of $45,126.00 in past due payments to be paid upon the maturity of the loan (hereinafter “Deferral Agreement”).
That there is now due and owing to the Plaintiff under said Note and Mortgage the principal sum of $343,259.16, with interest thereon from November 1, 2024, as well as a deferred balance of $45,126.00, plus late charges and advances made by the Plaintiff on behalf of the Mortgagor and other named defendants and any other charges due and owing pursuant to the terms of the Note and Mortgage.
WHEREFORE, Plaintiff demands judgment: (a) adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, advancements and reasonable attorney’s fees, if fees were provided for in the said Mortgage; (b) that the defendants and all persons claiming by, through and under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien or interest, or equity of redemption in and to said Mortgaged Premises; (c) that the said Mortgaged Premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney’s fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; (d) that out of the monies arising from the sale thereof, the Plaintiff may be paid the amounts then due on said Note and Mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney’s fees, if and as provided for in the Mortgage, rider or other agreement, so far as the amount of such money is properly applicable thereto will pay the same; (e) that any of the parties to this action may become a purchaser upon such sale; (f) that should the Mortgaged Premises be sold by foreclosure sale and the proceeds of said sale be insufficient to pay the total debt due Plaintiff, the Borrower named hereinabove, unless discharged in bankruptcy, may be adjudged to pay the amount of the deficiency; (g) that the United States of America shall have the right of redemption, if applicable;
cite Cite Document

AFFIRMATION/AFFIDAVIT OF SERVICE AOS NYS DEPT TAX

Document Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 v. Juan Medina et al, 58196/2025, 10 (N.Y. Sup. Ct., Wes...
... person to knew said Individual of process. accept service and The process servers perception Gender - Female - 5' 7" Height of the description Race - Black Weight - 160 of the person served is as follows: Hair Color -Black Other - None ...
cite Cite Document

NOTICE TO DEFENDANT (PER AO-131-20)

Document Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 v. Juan Medina et al, 58196/2025, 9 (N.Y. Sup. Ct., West...
FILED: WESTCHESTER COUNTY CLERK 02/26/2025 06:39 PM NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/26/2025 INDEX NO. 58196/2025 NOTICETODEFENDANT DURINGTHE CORONAVIRUSEMERGENCY,YOU MIGHTBE ENTITLED BY LAWTOTAKEADDITIONAL DAYSORWEEKSTO FILE ANANSWERTO THIS COMPLAINT.
cite Cite Document

CONSENT TO EFILING Notice Regarding E-Filing

Document Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 v. Juan Medina et al, 58196/2025, 8 (N.Y. Sup. Ct., West...
General Information Electronic filing offers significant benefits for attorneys and litigants, permitting documents to be filed with the County Clerk and the court and served, between or among consenting parties, by posting the documents on the NYSCEF Website, which can be done at any time of the day or night on any day of the week.
For additional procedures and information, see Uniform Rule 202.5-b, any e-filing protocol that may have been promulgated by the court in question, and the NYSCEF Website at www.nycourts.gov/efile.
Firm Case No. 232422-2 Instructions Service of this Notice constitutes consent to e-filing and a statement of intent by the
When an action or proceeding is being commenced through the NYSCEF System, this Notice must accompany service of the initiating papers.
Each participating attorney, unless already registered, or self-represented party must PROMPTLY create a NYSCEF account and obtain the confidential Filing User Identification Number and Password necessary to use the system.
cite Cite Document

EXHIBIT(S) - E Notice of Default Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 v. Juan Medina et al, 58196/2025, 6 (N.Y. Sup. Ct., West...
SPS is writing in regards to the Business Promissory Note and Security Agreement dated on or around 02/26/2019 executed by JUAN MEDINA in favor of Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 (“Lender”).
In the event that payment is not received as demanded, the Lender will exercise any and all rights and remedies under the Note and applicable law, including but not limited to the filing of a lawsuit.
These programs are offered at no cost to our customers and are designed to help preserve home ownership or prevent foreclosure through structured repayment plans, special payment arrangements, modifications, short settlements, and deed-in-lieu options, if you are eligible.
SPS is writing in regards to the Business Promissory Note and Security Agreement dated on or around 02/26/2019 executed by JUAN MEDINA in favor of Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 (“Lender”).
These programs are offered at no cost to our customers and are designed to help preserve home ownership or prevent foreclosure through structured repayment plans, special payment arrangements, modifications, short settlements, and deed-in-lieu options, if you are eligible.
cite Cite Document

EXHIBIT(S) - D Assignment of Mortgage Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 v. Juan Medina et al, 58196/2025, 5 (N.Y. Sup. Ct., West...
at 11:45 AM Recorded: 10/02/2023 Control Number: 632713070 Witness myhand and official seal Record and Return To ¡ Pick-up at County Clerk's office Eú , Timothy C.Idoni Westchester County Clerk RealEstate Review Residential 3217 S. Decker Lake Drive Salt Lake City, UT84119 Recording Requested By: Residential RealEstate Review WhenRecorded Retum To: Residential RealEstate Review Collateral Document Services 3217 S. Decker Lake Drive Salt Lake City, UT 84119 Westchester, NewYork Residential RealEstate Revie
is an KNOWALL MENBYTHESEPRESENTS,that for good and valuable the receipt and sufficiency consideration, the said Assignor hereby assigns unto the above-namedAssignee, which is hereby acknowledged, the said sum of $367,500.00 with interest, Mortgage having an original and the full benefit secured thereby, of all principal the covenants and provisos the powers and of all and the said Assignor hereby grants and therein contained, conveys unto the said Assignee, under the Mortgage.
½ STATEOFUtah COUNTYOFSalt Lake Onthe Órf A bef in the year day of r
ANDASSIGNS, personally known to meor proved to meon the basis of satisfactory evidence to be the individual(s) subscribed to the within instrument and acknowledged to methat he/she/they executed the whose name(s) is(are) samein his/her/their on the instrument, and that by his/her/their or the the individual(s), capacity(ies), signature(s) and that such individuals(s) made person upon behalf of which the individual(s) acted, executed the instrument, such appearance before the undersigned in the County of Salt Lake, State of Utah.-È- Assistant Secretsy WITNESSmyhand a official seal, Salt Lake, Utah
Notary Public State of Utah My Commission Expires on: 27, 2025 February Cornm, Number: 716689 eiÚ
cite Cite Document

EXHIBIT(S) - C Deferral Agreement Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Trustee of Starwood Mortgage Residential Trust 2021-6 v. Juan Medina et al, 58196/2025, 4 (N.Y. Sup. Ct., West...
Inc., on behalf of Select Portfolio the lienholder Servicing, Summaryof Terms Balance: $363,943.09 Current Principal Current Deferred Balance: $0.00 Pre Agreement Due Date: 1, 2020 April Post Agreement Due Date: October 1, 2021 February 26, 2019 March 1, 2049 Account Number: Origination Date: Maturity Date: Property Address:
This Agreement Customer and Lender agree that the Deferred Amount will now be due and payable at the Maturity Date of the account or upon payoff of the account, whichever is sooner.
will not of Additional interest be charged on the Deferred Amount and no fee will this Agreement.
The Customer agrees that be charged for the the mortgage documents will force and effect.
remaining terms of stay in full Customer agrees that this Agreement will not extend or change in any way the amount of any credit insurance policies the time the account was originated products which were purchased at or otherwise insurance or optional in Customer fees or advances owing on the account agrees that any outstanding with the account.
cite Cite Document
1 2 >>