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LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al

Docket EF008073-2019, New York State, Orange County, Supreme Court (Oct. 10, 2019)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff - Petitioner LAKEVIEW LOAN SERVICING, LLC
Defendant - Respondent Alex G. Perez
Defendant - Respondent Jennifer Perez
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SUMMONS + COMPLAINT

Document LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al, EF008073-2019, 1 (N.Y. Sup. Ct., Orange County Oct. 10, 2019)
TOGETHER with all right, title and interest of the defendant in and to the land lying in the streets and roads in front of and adjoining said premises.
Plaintiff verily believes that during the pendency of this action, in order to protect the security of the within mortgage, it may be compelled to make advances to prior mortgagees, if any, for installments of principal and interest, taxes, assessments, water rates, and/or fire insurance premiums that are or may become due under said prior mortgage or to the receiver of taxes, or to the fire insurance company, which advances are to be included in the balance due to plaintiff, plus interest, as provided for in the within mortgage foreclosed and deemed further secured thereby.
That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of any payment after the date of commencement of this action.
the plaintiff demands judgment that the defendant herein and all persons claiming under them or any or either of them subsequent to the commencement of this action may be forever barred and foreclosed of all right, claim, lien and equity of redemption in the said mortgaged premises; that the said premises may be decreed to be sold according to law in "as is" physical order and condition, subject to any covenants, easements, restrictions and reservations of record; any violations of record; any state of facts an accurate survey may show; any zoning regulations or amendments thereto; rights of tenants or persons in possession of the subject premises; any prior mortgage liens of record; any prior lien of record; and any advances or arrears thereunder; any equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from date of sale; that this Court forthwith appoint a receiver of the rents and profits of said premises, during the pendency of this action with the usual powers and duties; that monies arising from the sale may’ be brought into court; that plaintiff may be paid the amount due on said note and Mortgage with interest to the time of such payment, attorney's fees, as set forth in the Mortgage, the costs of this action and the expenses of said sale so far as the amount of such monies properly applicable thereto will pay the same; and that defendant, ALEX G. PEREZ, may be adjudged to pay the whole residue, or so much thereof as the Court may determine to be just 7of9
Premises: Tax Parcel ID No.: 625 Station Road, Rock Tavern, NY 12575 Section: 29 Block: 1 Lot: 20.32 v1.0 Page 3 of 8 9of9
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al, EF008073-2019, 12 (N.Y. Sup. Ct., Orange County Oct. 22, 2019)
actualplaceof business [ ByalTmngatruecopyof eachtothedoorof saidpremises,whichisrecipient's:[ Deponentwas unable,with due diligence to find recipient or a personof suitableageanddiscretion, having called thereat on at on at at on at on Addressconfirrned by
deponentcompletedserviceby depositing a true copy of eachdocumentto the aboveaddressin a ist Classpostpaid #5 properly addressedenvelopeinarked "Persotial and Confidential" in anofficial depositoryunder the exclusive careandcustodyof the United StatesPost MaHCopy Office in the StateOfNew York.
Other Features: MTISTACHE #7 the authorized witness fee and / or traveling expenses were paid (tendered) to the recipient.
Recipient wore ordinary civilian clothes and no military uniforrn.
Stephanie Sierra Notory Public-Storeof New Yoå No. 01S16360292 Qualified in DutchessCounty my Commission Expires.ione 19, 2021 Leslie Sch u er .
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AFFIDAVIT

Document LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al, EF008073-2019, 11 (N.Y. Sup. Ct., Orange County Oct. 22, 2019)
Qgg~, being duly sworn, deposes and says: that depo"ent is not a party to this action, is over the age of eighteen (18) years at: deponent attempted to serve the within
therein named, and that aiter due search, careful inquiry and diligent attempts at the address listed above, the defendant respondent Q Unknown 1 Moved, ,' Evading at address left no forwarding Unable to serve in timely fashion House vacant Ll Q Address does not exist Q Service canceled by litigant Q No other occupants I tenants over 18 years of age U+ Othe" MAR.CURLKKT.OCCUPANT.JENNIFER
Sworn to before me on: ~ g g
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AFFIDAVIT

Document LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al, EF008073-2019, 10 (N.Y. Sup. Ct., Orange County Oct. 22, 2019)
being duly sworn, deposes and says: that deponent 19.
2019 that on October and resides in New York State; R OAD Rock Tavern, NY 12575 at: 625 STATION is not a party to this action, is over the age of eighteen (18) years to serve the within deponent attempted
and that after due search, careful inquiry and diligent attempts at the address listed above, Unknown at address Moved, left no forwarding Evading House vacant Address does not exist Service canceled by litigant Unable to serve in timely fashion No other occupants / tenants over 18 years of age Other
/2 o J 7 e ‰rm stephan wary Public-510teof New York No. 01S16360292 G)ualified in DutchessCounty Comrnicsion ExpiresJune 19, 2021 - rer Leslie Sc.
Server's Lic # / Work Order # W1021924 Invoice
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al, EF008073-2019, 13 (N.Y. Sup. Ct., Orange County Oct. 22, 2019)
personally, deponent knew the person so served By delivering thereat a true copy of each to #2 of the corporation, and authorized to accept service on behalf of the corporation.
By delivering a true copy of each to #3 t eAge actual place of business Said premises is recipient's: ] dwelling house (usual place of abode) within the state.
Deponentwas unable.with duediligence to Ondrecipientor a personof suitable ageanddiscretion.
October 21, 2019 On , deponentcompletedservice by depositing a true copy of eachdocumentto theaboveaddressin a 1stClasspostpaid #5 properly addressedenvelopemarked"PersonalandConfidential" in anofficial depository under the exclusivecareandcustodyof the United StatesPost MailCopy Ü[ÏÍCe in the StateOfNeW York.
Other Featw·es:MUSTACHE #7 the authorized witness fee and / or traveling expenses were paid (tendered) to the recipient.
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STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING

Document LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al, EF008073-2019, 9 (N.Y. Sup. Ct., Orange County Oct. 21, 2019)
Registration ( Attorney , Esq., the New York State CourtsElectronic of ).
authorize Ihereby ("the agent") filing at my direction as provided Filing his/her to utilize e-filed matter in any of in Section son-5-b on my behalf the NYSCEF and system, This authorization consented to e-filing, to any matter in which in the NYSCEF system.
to any extends to any mandatory authorize I may matter consensual in which I have previously matter in which Ihave recorded my repre•nteden, to record my consent or represente+ion agent the filing and authorization extends This for agent such matter.
by the filing all documents and to any posted This authorization, shall of be deemed record, I generate to the filing and sub=it on the NYSCEF as to once website to accompany any document filed also authorization This an account by debiting or by debiting county county.
either e-filing filing extends the filing an account the which to matters of payment, agent maintaine the County with I maintain Clerk the County with agent may make filing of any authorized Clerk authorized of any e- This on a prescribed this authorization regarding filing to the E-Filing form delivered shall agent Resource continue Center.
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AFFIDAVIT

Document LAKEVIEW LOAN SERVICING, LLC v. ALEX G. PEREZ et al, EF008073-2019, 8 (N.Y. Sup. Ct., Orange County Oct. 21, 2019)
Gina V. Bisetti, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in the State of New York.
point type sent a copy deponent on October , 2019 the RPAPL than the color paper other on colored was printed Notice which type, with and the notice was in bold fourteen-point the title
which building consists of less than five dwelling units a true copy by depositing official office depository of New York.
the State of same enclosed under the exclusive first in a post-paid care and custody class properly of the United wrapper addressed States Postal Service in a post within Sworn to before me this of 3( day
, 2019 4Rinn Onm00 NetmpsR4¼i5EVEDo Notary Pubilc, $†ote of New York No. OIAC6363676 in Suffolk County Qualified Commission Empires
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