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Freedom Mortgage Corporation v. Bradford Pitts et al

Docket 802285/2025, New York State, Erie County, Supreme Court (Feb. 6, 2025)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff Freedom Mortgage Corporation
Defendant Bradford Pitts
Defendant Secretary of Housing and Urban Development
...

SUMMONS + COMPLAINT Redacted per 22 NYCRR §202.5(e)

Document Freedom Mortgage Corporation v. Bradford Pitts et al, 802285/2025, 1 (N.Y. Sup. Ct., Erie County Feb. 6, 2025)
Freedom Mortgage Corporation Plaintiff, -against- Bradford Pitts, Secretary of Housing and Urban Development and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants.
The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, complaining of the defendants herein allege, upon information and belief, as follows:
and mortgage by failing and omitting to pay, to the plaintiff, payments due on September 01, 2024 and said default has continued for a period in excess of fifteen (15) days.
That the monies received from the sale be brought into Court and that plaintiff be paid the amount adjudged to be due it with interest thereon to the time of such payment, together with late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums, sums expended for the protection or preservation of the property, together with attorneys' fees as demanded in the second cause of action, the costs and disbursements of this action and any other necessary expenses to protect the lien of the mortgage to the extent that the amount of such monies applicable thereto will pay the same;
a judgment foreclosure of of whether you choose to remain in your home, YOUAREREQUIRED Regardless TOTAKECAREOFYOURPROPERTYand pay property taxes in accordance with state and local law.

CANCELLATION OF NOTICE OF PENDENCY / LIS PENDENS

Document Freedom Mortgage Corporation v. Bradford Pitts et al, 802285/2025, 17 (N.Y. Sup. Ct., Erie County Mar. 11, 2025)
-against- Bradford Pitts, Secretary of Housing and Urban Development, and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the persons or parties intended being the persons or parties if any having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants.
Robert Tremaroli, Esq. pursuant to CPLR § 2106, and under the penalties of perjury, affirms as follows: 1.
Plaintiff has commenced the above-entitled foreclosure action with the filing of a Notice of Pendency and Summons and Complaint on February 06, 2025; 3.
This Affirmation is made pursuant to CPLR 6514(e) for the purpose of canceling the Notice of Pendency of action filed on February 06, 2025 in the County Clerk's Office .
Dated: Bay Shore, New York March 11, 2025

AFFIRMATION/AFFIDAVIT OF SERVICE

Document Freedom Mortgage Corporation v. Bradford Pitts et al, 802285/2025, 18 (N.Y. Sup. Ct., Erie County Mar. 11, 2025)
-against- Secretary of Housing and Urban Bradford Pitts, Development, and "JOHNDOE#1" through "JOHNDOE and unknown to the ten namesbeing fictitious the last #10", intended being the persons the persons or parties plaintiff, an interest or parties if any having or claiming in or lien upon the mortgaged premises described in the Complaint, Defendants.
: .. action, being duly sworn, deposes and says: deponent is not a party to the I, Brian Trumpfheller, in Erie County, NewYork.
is over 18 years of age and resides OnMarch 11, 2025, deponent served the within Notice of Discontinuance and Cancelling Notice of Pendency on: Affirmation Bradford Pitts 692 Pleasant View Drive, Lancaster, NY14086 Secretary of Housing and Urban Development
Felisha Kenyon 692 Pleasant View Drive, Lancaster, NY14086 The above parties were served by depositing a true copy of same enclosed in a post-paid properly care and custody of under the exclusive in a post office-official addressed wrapper, depository the State of NewYork.
the United States Postal Service within Printed Name Sworn to before meon this 11th Day of March, 2025

NOTICE OF DISCONTINUANCE (POST RJI)

Document Freedom Mortgage Corporation v. Bradford Pitts et al, 802285/2025, 16 (N.Y. Sup. Ct., Erie County Mar. 11, 2025)
-against- Index No.: 802285/2025 Bradford Pitts, Secretary of Housing and Urban Development, and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the persons or parties intended being the persons or parties if any having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants.
WHEREAS, the Plaintiff has commenced the above-entitled foreclosure action with the filing of a Notice of Pendency and Summons and Complaint on February 06, 2025; This notice of discontinuance is made pursuant to CPLR 3217(a)(1) ,without prejudice
to recommencement pursuant to CPLR 205(a) or otherwise, and all parties are being served with this notice of discontinuance.
Pursuant to the mortgage contract, the parties acknowledge and agree that the mortgage remains a valid and enforceable lien against the property and that any election by the Lender to accelerate the debt evidenced by the note and mortgage, and any requirement by the Lender of immediate payment in full thereunder has been revoked.
Dated: Bay Shore, New York March 11, 2025

ADDENDUM - FORECLOSURE (840F)

Document Freedom Mortgage Corporation v. Bradford Pitts et al, 802285/2025, 15 (N.Y. Sup. Ct., Erie County Mar. 4, 2025)
Instructions If # 1 or # 2 is applicable: Select "Residential Mortgage Foreclosure Settlement Conference" as the Nature of Judicial Intervention on the RJI.
The Defendant/Respondent Information section below MUST be completed for all defendants and attached to the RJI.
Supreme COURT, COUNTY OF Erie For use in ALL mortgage foreclosure actions where the property is: (check if applicable) ☒ 1.
Name: Secretary of Housing and Urban Development Address: 138 Delaware Avenue, Buffalo, NY 14202 Comments:
Name: JOHN DOE #1 through JOHN DOE #10, the last ten names being fictitious and Address: 692 Pleasant View Drive,, Lancaster, NY 14086 DEFENDANT/RESPONDENT INFORMATION: List parties in caption order.

14

Document Freedom Mortgage Corporation v. Bradford Pitts et al, 802285/2025, 14 (N.Y. Sup. Ct., Erie County Mar. 4, 2025)

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4

Document Freedom Mortgage Corporation v. Bradford Pitts et al, 802285/2025, 4 (N.Y. Sup. Ct., Erie County Feb. 6, 2025)

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