FILED: JEFFERSON COUNTY CLERK 05/06/2020 10:40 AM
`NYSCEF DOC. NO. 90
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`INDEX NO. EF2019-00001260
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`RECEIVED NYSCEF: 05/06/2020
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` Plaintiff
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`-against-
`
`Index No. EF2019-00001260
`
`
`AFFIRMATION OF
`SERVICES RENDERED
`
`Mortgaged Premises
`24638 County Route 16
`Evans Mills, New York 13637
`
`Section: 64.00
`Block: 2
`Lot: 7
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF JEFFERSON
`---------------------------------------------------------------------X
`U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS
`
`INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE
`OF NRZ PASS-THROUGH TRUST XII,
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`
`
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`
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`DAWN LUGO, AS HEIR AND DISTRIBUTEE OF THE
`ESTATE OF MARTHA M. FAULK A/K/A MARTHA
`FAULK; DEBRA CLINGER, AS HEIR AND
`DISTRIBUTEE OF THE ESTATE OF MARTHA M.
`FAULK A/K/A MARTHA FAULK; HARRY E. FAULK,
`JR., AS HEIR AND DISTRIBUTEE OF THE ESTATE
`OF MARTHA M. FAULK A/K/A MARTHA FAULK;
`DORI KLAPROTH, AS HEIR AND DISTRIBUTEE OF
`THE ESTATE OF MARTHA M. FAULK A/K/A MARTH
`FAULK; UNKNOWN HEIRS AND DISTRIBUTEES OF
`THE ESTATE OF MARTHA M. FAULK A/K/A
`MARTHA FAULK; SPRINGCASTLE CREDIT
`FUNDING TRUST, THROUGH ITS TRUSTEE
`WILMINGTON TRUST, NATIONAL ASSOCIATION;
`NEW YORK STATE DEPARTMENT OF TAXATION
`AND FINANCE; UNITED STATES OF AMERICA
`(NORTHERN DISTRICT),
`
`
` Defendants
`---------------------------------------------------------------------X
`I, Juliana Thibaut, Esq., an attorney duly admitted to the practice of law in the State of
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`New York, hereby affirm pursuant to CPLR §2106 that:
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`1.
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`I am an associate of FRIEDMAN VARTOLO LLP the attorneys of record for
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`the named Plaintiff, U.S. Bank National Association, not in its individual capacity but solely as
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`trustee of NRZ Pass-Through Trust XII (hereinafter “Plaintiff”) in this action, and I am fully
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`familiar with all of the proceedings herein. I make this affirmation in support of Plaintiff's
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`Firm File No. 182355-1
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`1 of 5
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`NYSCEF DOC. NO. 90
`
`INDEX NO. EF2019-00001260
`
`RECEIVED NYSCEF: 05/06/2020
`
` Plaintiff
`
`-against-
`
`Index No. EF2019-00001260
`
`
`AFFIRMATION OF
`SERVICES RENDERED
`
`Mortgaged Premises
`24638 County Route 16
`Evans Mills, New York 13637
`
`Section: 64.00
`Block: 2
`Lot: 7
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF JEFFERSON
`---------------------------------------------------------------------X
`U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS
`
`INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE
`OF NRZ PASS-THROUGH TRUST XII,
`
`
`
`
`
`
`
`DAWN LUGO, AS HEIR AND DISTRIBUTEE OF THE
`ESTATE OF MARTHA M. FAULK A/K/A MARTHA
`FAULK; DEBRA CLINGER, AS HEIR AND
`DISTRIBUTEE OF THE ESTATE OF MARTHA M.
`FAULK A/K/A MARTHA FAULK; HARRY E. FAULK,
`JR., AS HEIR AND DISTRIBUTEE OF THE ESTATE
`OF MARTHA M. FAULK A/K/A MARTHA FAULK;
`DORI KLAPROTH, AS HEIR AND DISTRIBUTEE OF
`THE ESTATE OF MARTHA M. FAULK A/K/A MARTH
`FAULK; UNKNOWN HEIRS AND DISTRIBUTEES OF
`THE ESTATE OF MARTHA M. FAULK A/K/A
`MARTHA FAULK; SPRINGCASTLE CREDIT
`FUNDING TRUST, THROUGH ITS TRUSTEE
`WILMINGTON TRUST, NATIONAL ASSOCIATION;
`NEW YORK STATE DEPARTMENT OF TAXATION
`AND FINANCE; UNITED STATES OF AMERICA
`(NORTHERN DISTRICT),
`
`
` Defendants
`---------------------------------------------------------------------X
`I, Juliana Thibaut, Esq., an attorney duly admitted to the practice of law in the State of
`
`New York, hereby affirm pursuant to CPLR §2106 that:
`
`1.
`
`I am an associate of FRIEDMAN VARTOLO LLP the attorneys of record for
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`the named Plaintiff, U.S. Bank National Association, not in its individual capacity but solely as
`
`trustee of NRZ Pass-Through Trust XII (hereinafter “Plaintiff”) in this action, and I am fully
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`familiar with all of the proceedings herein. I make this affirmation in support of Plaintiff's
`
`Firm File No. 182355-1
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`1 of 5
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`FILED: JEFFERSON COUNTY CLERK 05/06/2020 10:40 AM
`NYSCEF DOC. NO. 90
`
`INDEX NO. EF2019-00001260
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`RECEIVED NYSCEF: 05/06/2020
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`Judgment of Foreclosure and Sale and to apprise the Court of the attorneys' fees incurred by
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`Plaintiff herein.
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`2.
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`Attorneys’ fees are chargeable to the Defendant pursuant to the “To Secure”
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`paragraph of the Consolidated Mortgage, upon which this foreclosure action is based.
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`3.
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`With reference to the fixing of attorneys’ fees, this matter has required
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`considerable expertise, and considerable effort has been expended in evaluating and discussing
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`with our client the best procedure and tracking to use in order to most effectively protect its
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`rights in this difficult and technical process.
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`4.
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`The fees due to Friedman Vartolo LLP for the instant foreclosure action are based
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`upon the amount of time and work performed in this matter by this firm. Any services performed
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`by a prior counsel are being waived as we cannot attest to the work performed or the
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`reasonableness of such fees.
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`5.
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`This file was received by this Office on or about December 20, 2018. A
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`breakdown of services rendered by this Office in connection with this matter is attached hereto
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`as Schedule B.
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`6.
`
`Your affirmant has calculated the estimated billable hours for each itemized
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`service rendered by your affirmant’s firm in connection with the subject action. Based on the
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`attached schedule, the total billable hours spent on this matter and expected to be spent on this
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`matter are 10.0 attorney hours and 4.0 paralegal hours. Billing at a rate of $250.00 per attorney
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`hour and $100.00 per paralegal hour, a reasonable quote of services rendered would total
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`$2,900.00.
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`7.
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`Your affirmant respectfully submits that Plaintiff is entitled to an award of legal
`
`fees in the amount of $2,900.00 as requested herein and in the original complaint, said fee being
`Firm File No. 182355-1
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`2 of 5
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`FILED: JEFFERSON COUNTY CLERK 05/06/2020 10:40 AM
`NYSCEF DOC. NO. 90
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`INDEX NO. EF2019-00001260
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`RECEIVED NYSCEF: 05/06/2020
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`fair and reasonable based upon the facts set forth in this affirmation. Further, no fees, other than
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`those requested herein, have been paid in this matter.
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`
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`WHEREFORE, it is prayed that the Plaintiff be awarded the aforementioned attorneys’
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`fees herein.
`
`Dated: May 6, 2020
`New York, New York
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`/s/ Juliana Thibaut
`Juliana Thibaut, Esq.
`FRIEDMAN VARTOLO LLP
`Attorneys for Plaintiff
`
`85 Broad Street, Suite 501
`New York, New York 10004
`T: (212) 471-5100
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`Firm File No. 182355-1
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`3 of 5
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`FILED: JEFFERSON COUNTY CLERK 05/06/2020 10:40 AM
`NYSCEF DOC. NO. 90
`
`INDEX NO. EF2019-00001260
`
`RECEIVED NYSCEF: 05/06/2020
`
`SCHEDULE B
`SERVICES RENDERED BY FRIEDMAN VARTOLO LLP
`
`
`Service Rendered
`
`
`
`Attorney Hours
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`Paralegal Hours
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`
`
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`3.5
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`
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`2.0
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`1.5
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`1.5
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`1.0
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`0.5
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`Preparation of Summons and Complaint
`and Service of the Same
`Received and reviewed the file
`for purposes of commencing action;
`Communicated with Title Company for
`purposes of ordering a certificate of
`necessary parties; Received and reviewed
`certificate of necessary parties; Prepared the
`summons, complaint and Notice of Pendency;
`Reviewed summons, complaint and
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`Notice of Pendency; Filed summons, complaint
`and Notice of Pendency; Sent summons and
`complaint for service and monitored service
`upon defendants; Received and reviewed
`affidavits of service on defendants.
`
`Preparation of Order of Reference
`Prepared and filed an application for an
`order appointing a referee to compute,
`along with affirmation and necessary
`affidavits and documentation; Reviewed the
`application for an order appointing a referee
`to compute, along with affirmation and
`necessary affidavits and documentation.
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`Preparation of Referee’s Oath and Report
`Prepared Referee’s Oath and Report along
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`with necessary documentation.
`Including but not limited to the following: review
`Client's File; Review foreclosure search, bankruptcy
`search, prior title policy, mortgage, note and
`assignment of same and ensure all necessary
`parties to action have been served parties to action.
`Ensure all necessary title documents have been
`recorded to protect client’s interest.
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`Firm File No. 182355-1
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`4 of 5
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`FILED: JEFFERSON COUNTY CLERK 05/06/2020 10:40 AM
`NYSCEF DOC. NO. 90
`
`INDEX NO. EF2019-00001260
`
`RECEIVED NYSCEF: 05/06/2020
`
`
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`1.5
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`0.5*
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`1.0*
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`0.5
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`0.5*
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`0.0*
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`4.0
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`Preparation of Judgment of Foreclosure
`and Sale
`Prepared and submitted to this
`Court the Judgment of Foreclosure
`and Sale, affirmation and bill of costs
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`Post Judgment
`Arrange foreclosure sale with Referee,
`prepare notice of sale and submit to
`required newspaper for
`appropriate publication and posting
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`Prepare for sale (upset price, preparation
`of terms of sale, memorandum of sale and
`conducting of the sale on scheduled date)
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`10.0
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`TOTAL BILLABLE HOURS:
`*denotes projected billable hours to be performed on future tasks
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`Firm File No. 182355-1
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`5 of 5
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