PRESENT: HON.
`
`COUNTY COURT JUSTICE
`
`STATE OF NEW YORK
`
`SUPREME COURT
`COUNTY OF KINGS
`
`DITECH FINANCIAL LLC,
`
`-vs-
`
`Plaintiff,
`
`At an IAS Term of the
`
`Supreme Court held in and
`for the County of KINGS,
`New York on the
`
`day of
`
`_.201_
`
`ORDER FOR
`
`SERVICE BY
`
`PUBLICATION
`
`THE HEIRS AT LARGE OF THE ESTATE OF PRISCILLA
`
`WOOTEN A/K/A PRISCILLA A. WOOTEN, deceased, and
`all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of
`such of them as may be dead, and their husbands and wives,
`heirs, devisees, distributees and successors of interest of all
`of whom and whose names and places are unknown to Plaintiff;
`MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
`FINANCIAL FREEDOM ACQUISITION LLC; SECRETARY
`OF HOUSING AND URBAN DEVELOPMENT; DAVID J.
`
`FELIX MD; KEYSPAN ENERGY DELIVERY; CAPITAL ONE
`BANK; BOARD OF MANAGERS OF THE MEADOW WOOD AT
`GATEWAY CONDOMINIUM F/K/A FAIRFIELD TOWERS
`
`CONDOMINIUM; NEW YORK STATE DEPARTMENT OF
`
`TAXATION AND FINANCE; UNITED STATES OF AMERICA;
`"JOHN DOE" AND "JANE DOE'l said
`Index No. 513999/2017
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`Upon the summons, verified complaint and notice of pendency of action heretofore filed
`
`herein in the Office ofthe Clerk of the County of KINGS on July 20, 2017, from all of which it
`
`appears that the verified complaint herein demand judgment foreclosing a mortgage against
`
`

`

`specific real property within this County and the State of New York, and it appearing that there is
`
`a sufficient cause of action stated therein against the defendants, who are necessary parties
`defendant herein; and upon the annexed affirmation of Mark K. Broyles, dated the«211w of
`
`August, 2017, from which it appears that the said defendant, PRISCILLA WOOTEN A/KA/
`
`PRISCILLA A. WOOTEN is deceased, and therefore cannot be personally served;
`
`NOW, on motion of Fein, Such & Crane, LLP, attorneys for plaintiff, by Mark K.
`
`Broyles, Esq., of Counsel, it is hereby
`
`ORDERED ADJUDGED AND DECREED, that the 120-day time period in which to
`
`serve all defendants the Supplemental Summons and Amended Complaint including Deborah
`
`Wooten, Diana Wooten and Donald T. Wooten as possible heirs and/or distributees to the
`
`mortgagor with process, and to file the Affidavits of Service, be extended to allow plaintiff to
`
`complete Service by Publication herein upon the defendant unknown lawful heirs and/or
`
`distributees of Mortgagor and Heirs at Large of PRISCILLA WOOTEN A/KA/ PRISCILLA A.
`
`WOOTEN, with said 120 days to commence upon the entry of this Order; and it is further
`
`ORDERED ADJUDGED AND DECREED, that the service of the summons in this
`
`action upon the unknown lawful heirs and/or distributees of Mortgagor and Heirs at Large of
`
`PRISCILLA WOOTEN A/KA/ PRISCILLA A. WOOTEN, be made by publication of said
`
`Supplemental Summons in two (2) newspapers, at least one in the English language, hereby
`
`designated as most likely to give notice of the said defendant(s) viz: in the
`
`
`
`
`
`. published in KINGS County, State of New York, and in the
`
`._ published in KINGS County, State of New York, together with a
`
`notice to the defendants containing a brief statement of the nature of this action and the relief
`
`sought, and the sum of money for which judgment may be taken in a case of default and a brief
`
`description of the property, once a week for four (4) successive weeks; and it is further
`
`ORDERED ADJUDGED AND DECREED, that a copy of this Order and a copy of the
`
`noted Affirmation of Mark K. Broyles, Esq. with attachments thereto including a copy of the
`
`Supplemental Summons and of the Amended Complaint herein be delivered by first class mail,
`
`

`

`postage prepaid, on behalf of the Heirs at Large of PRISCILLA WOOTEN A/KA/ PRISCILLA
`
`A. WOOTEN, who may be served herein by publication pursuant to this Order to
`
`
`of
`.
`
`. New York,
`
`counselor-at-Law, who is hereby authorized, empowered and designated to appear herein as
`
`Guardian Ad Litem and Military Attorney on behalf of any of the said defendant(s) who may
`
`be absentees, infants or incompetents or unknown successors in interest of defendant(s) who may
`
`be deceased, or defendant(s) who may be in military service, and to protect and defend the
`
`interest of said defendant(s) in the action upon filing his acknowledged consent and qualifying
`
`affidavit; and it is further
`
`ORDERED ADJUDGED AND DECREED, that said Guardian Ad Litem and Military
`
`Attorney shall also act for said defendant(s) should they be in default or be in the military service
`
`of the United States of America, and is hereby authorized and appointed for the purpose of
`
`representing them and protecting their interest in the action pursuant to the provisions of the
`
`Service Members’ Civil Relief Act of 2004, as amended and the Military Law of the State of
`
`New York; and it is further
`
`
`This space has been intentionally [53ft blank
`
`

`

`ORDERED, ADJUDGED AND DECREED, that the Summons, Complaint and Notice of
`
`Pendency heretofore filed be amended in conformance herewith the documents contained in
`
`Exhibit “A” hereof, to reflect the above amended caption, which shall read as follows:
`
`
`
`DITECH FINANCIAL LLC,
`
`Plaintiff,
`-vs-
`
`THE HEIRS AT LARGE OF THE ESTATE OF PRISCILLA
`
`WOOTEN A/K/A PRISCILLA A. WOOTEN, deceased, and
`all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of
`such of them as may be dead, and their husbands and wives,
`heirs, devisees, distributees and successors of interest of all
`
`of whom and whose names and places are unknown to Plaintiff;
`MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
`FINANCIAL FREEDOM ACQUISITION LLC; SECRETARY
`OF HOUSING AND URBAN DEVELOPMENT; DAVID J.
`
`FELIX MD; KEYSPAN ENERGY DELIVERY; CAPITAL ONE
`BANK; BOARD OF MANAGERS OF THE MEADOW WOOD AT
`GATEWAY CONDOMINIUM F/K/A FAIRFIELD TOWERS
`
`CONDOMINIUM; UNITED STATES OF AMERICA;
`
`DEBORAH WOOTEN, DIANA WOOTEN AND
`
`DONALD T. WOOTEN;
`”JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`Defendants.
`
`
`ORDERED, ADJUDGED AND DECREED, that the first publication be made within
`
`thirty days after the entry of this Order; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that the Supplemental Summons and
`
`Amended Complaint and Amended Notice of Pendency along with the papers upon which this
`
`Order for Service by Publication is based, be filed with the Clerk of KINGS County on or before
`
`the first day of publication and that the date of the entry of this Order be used for purposes of
`
`compliance with CPLR Section 316(0); and it is further
`
`

`

`ORDERED, ADJUDGED AND DECREED, all other defendants other than PRISCILLA
`
`WOOTEN A/KA/ PRISCILLA A. WOOTEN are to be reserved the supplemental summons
`
`pursuant to NY CPLR §308; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that as would be apparent, a copy of the
`
`Supplemental Summons and Amended Complaint need not be mailed to PRISCILLA WOOTEN
`
`A/KA/ PRISCILLA A. WOOTEN who is deceased; and it is further
`
`ORDERED, ADJUDGED AND DECREED, that the New York State Department of
`
`Taxation and Finance and the United States of America be added/are named as party Defendants
`
`as these entities may hold liens upon the subject realty.
`
`Dated:
`
`
`
`HON.
`
`SUPREME COURT JUSTICE
`
`

`

`STATE OF NEW YORK
`
`(.‘OUN'l‘Y COURT
`COUNTY OF KINGS
`
`DITECH FINANCIAL LLC,
`
`-vs-
`
`Plaintiff,
`
`ATTORNEY
`AFFIRMATION
`
`THE HEIRS AT LARGE OF THE ESTATE OF PRISCILLA
`
`WOOTEN A/K/A PRISCILLA A. WOOTEN, deceased, and
`all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of
`such of them as may be dead, and their husbands and wives,
`heirs, devisees, distributees and successors of interest of all
`of whom and whose names and places are unknown to Plaintiff;
`MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
`
`FINANCIAL FREEDOM ACQUISITION LLC; SECRETARY
`OF HOUSING AND URBAN DEVELOPMENT; DAVID J.
`
`FELIX MD; KEYSPAN ENERGY DELIVERY; CAPITAL ONE
`BANK; BOARD OF MANAGERS OF THE MEADOW WOOD AT
`GATEWAY CONDOMINIUM F/K/A FAIRFIELD TOWERS
`
`CONDOMINIUM; NEW YORK STATE DEPARTMENT OF
`
`TAXATION AND FINANCE; UNITED STATES OF AMERICA;
`"JOHN DOE" AND "JANE DOE" said
`Index No. 513999/2017
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`Defendants.
`
`
`STATE OF NEW YORK)
`
`COUNTY OF MONROE) ss:
`
`I, Mark K. Broyles, attorney and counselor at law, duly admitted before the Courts of the
`
`State of New York, affirm, under penalty of perjury, that the following is true:
`
`1.
`
`I am an attorney duly admitted to practice law in the State of New York, and am a
`
`partner with the law firm of Fein, Such & Crane, LLP attorneys for the Plaintiff, herein. As
`
`such, I am fully familiar with all the circumstances and prior pleadings in the herein matter.
`
`2.
`
`This affirmation is submitted in support of plaintiff 8 application for an Order to
`
`serve Summons upon the Estate of PRISCILLA WOOTEN A/KA/ PRISCILLA A. WOOTEN,
`
`and the unknown pers0n(s) therein named by publication, for the appointment of a Guardian Ad
`
`

`

`Litem and Military Attorney to protect the interests of said defendant(s), and for a further Order
`
`extending Plaintiff‘s time to serve said Summons by publication.
`
`3.
`
`The Estate of the decedent should not be included as a party defendant.
`
`Plaintiff is not seeking a deficiency judgment against the decedent’s Estate, but merely to
`
`foreclose title of the premises. Under N.Y. R.P.A.P.L § 1312(2), only an Executor under a Will
`
`is a proper representative defendant. Since the Legislature specifically included Executors as
`
`proper representative defendants and is completely silent on Administrators as Representative
`
`Defendants, then it is self evident that an Administrator is not a proper representative defendant
`
`over the distributees of the intestate’s estate unless a deficiency is sought against the Estate.
`
`Furthermore, under New York Law, title to real property passes by operation of law when the
`
`owner dies intestate but passes only by Executor’s Deed where the Decedent died with a Will.
`
`See, e.g., N.Y. E.P.T.L. § 3-1.2, 3-3.8, § 4—1.1, 11-1.1(b) and ll-l.3.
`
`4.
`
`The above entitled action was commenced by the plaintiff to foreclose a mortgage
`
`held by it on the premises located at 1064 Vermont Street, Apt. B, Brooklyn, NY 11207. Said
`
`premises are within the territorial jurisdiction of this court.
`
`5.
`
`As indicated by the Summons and Complaint, annexed hereto as Exhibit “B”, the
`
`Plaintiff’ s aforesaid mortgage and note, each dated July 21, 1994, covered a loan by National
`
`Westminster Bank USA, of $59,600.00. Said mortgage was recorded on August 22, 1994, in
`
`Reel 3363, Page 867.
`
`6.
`
`The Summons and Complaint in this action were duly filed with the Clerk of this
`
`Court along with Notice of Pendency of the same on the July 20, 2017.
`
`7.
`
`On February 15, 2017, the mortgagor, PRISCILLA WOOTEN A/KA/
`
`PRISCILLA A. WOOTEN, died. As a result, personal service could not be affected on said
`
`defendant.
`
`8.
`
`No Estate proceeding has been filed for probate or administration of the Estate of
`
`PRISCILLA WOOTEN A/KA/ PRISCILLA A. WOOTEN. Further, your deponent’s law firm
`
`has been unable to ascertain with certainty the identity of all heirs and/or to locate said heirs.
`
`

`

`9.
`
`As indicated by the Affidavit from Frank Lucisano, attached hereto
`
`as Exhibit "C", three individuals, Deborah Wooten, Diana Wooten and Donald T. Wooten, were
`
`identified as may be heirs of PRISCILLA WOOTEN A/KA/ PRISCILLA A. WOOTEN,
`
`deceased.
`
`10.
`
`Leave is sought to serve the heirs at large of PRISCILLA WOOTEN A/KA/
`
`PRISCILLA A. WOOTEN by publication of the summons pursuant to CPLR section §3 16.
`
`11.
`
`Leave is also sought herein for the appointment of a suitable person, by the Court
`
`to act as a Guardian Ad Litem and Military Attorney for said unknowns or absentees and
`
`those defendants who may be infants, incompetents or in the military service, if any.
`
`12.
`
`13.
`
`That no party to this action is entitled to the notice of this application.
`
`That all proceedings herein have been regular and in accordance with the rules
`
`and practices of this court.
`
`14.
`
`That an additional leave is also sought to extend the 120—day time period under
`
`CPLR §306-b for a sufficient period of time to effectuate service on the parties, including the
`
`possible distributees and/or heirs of the mortgagor; Deborah Wooten, Diana Wooten and Donald
`
`T. Wooten.
`
`15.
`
`That no previous application has been made to any court or judge for the relief
`
`requested herein.
`
`WHEREFORE, your deponent respectfully requests that the court grant an order
`
`directing service of the summons by publication and permitting the same to be served, where and
`
`as required, in the form annexed hereto, amending the Summons, Complaint and Notice of
`
`Pendency to conform with the documents set forth in Exhibit “A”, as stated to reflect the
`
`amended caption of this action; designating a suitable person act as Guardian Ad Litem and
`
`Military Attorney for said unknowns, etc.; extending the 120 requirement for service under
`
`

`

`CPLR 306-b; and providing for such other and further relief as to the Court may seem just and
`
`proper.
`
`DATED: August 3'“), 2017
`
`
`
`
`
`
`
`4' /
`
`.Bro es. Esq.
`Mar'
`, SUCH& CRANE, LLP
`li‘lil
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`Rochester, New York 14614
`Telephone No. (585) 232-7400
`YGRMC708
`
`

`

`MARK K. BROYLES, an attorney duly licensed to practice in the State of New York, and a
`
`partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers
`and/or documents:
`
`NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
`
`NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
`
`AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN FILED
`
`SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
`AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
`AFFIDAVITS OF SERVICE
`
`NOTICE OF PENDENCY OF ACTION
`SUMMONS
`
`COMPLAINT
`
`AMENDED NOTICE OF PENDENCY OF ACTION
`SUPPLEMENTAL SUMMONS
`AMENDED COMPLAINT
`ANSWER
`
`AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
`REFEREE’S OATH & REPORT OF AMOUNT DUE
`REFEREE’S REPORT OF SALE
`
`STIPULATION TO CANCEL LIS PENDENS
`
`AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
`MEMORANDUM & TERMS OF SALE
`
`ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
`ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE & SALE
`
`ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF FORECLOSURE
`AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
`
`AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY JUDGMENT
`FORBEARANCE AGREEMENT
`
`X
`
`ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY PUBLICATION
`ATTORNEY AFFIDAVIT
`
`that to his knowledge, information and belief, formed after an inquiry reasonable under the
`circumstances, the presentation of the paper or contentions therein are not frivolous as defined in
`
`subsection © of section l30-1.1 of the Rules of the Chief Administrator [22NYCRR l30-1.1 ©].
`
`AugustQ"
`Dated
`
`, 2017
`
`
`
`
`_
`Ma 'k K. Broyles, Esq.
`
`

`

`Exhibit A
`
`

`

`STATE OF NEW YORK
`
`SUPREME COURT
`
`COUNTY OF KINGS
`
`DITECH FINANCIAL LLC,
`
`Plaintiff,
`
`VS
`
`THE HEIRS AT LARGE OF THE ESTATE OF PRISCILLA
`
`WOOTEN A/K/A PRISCILLA A. WOOTEN, deceased, and
`
`all persons who are husbands, widows, grantees, mortgagees,
`Iienors, heirs, devisees, distributees, successors in interest of
`
`such of them as may be dead, and their husbands and wives,
`heirs, devisees, distributees and successors of interest of all
`
`of whom and whose names and places are unknown to Plaintiff;
`MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
`FINANCIAL FREEDOM ACQUISITION LLC; SECRETARY
`OF HOUSING AND URBAN DEVELOPMENT; DAVID J.
`FELIX MD; KEYSPAN ENERGY DELIVERY; CAPITAL ONE
`BANK; BOARD OF MANAGERS OF THE MEADOW WOOD AT
`GATEWAY CONDOMINIUM F/K/A FAIRFIELD TOWERS
`
`CONDOMINIUM; UNITED STATES OF AMERICA;
`DEBORAH WOOTEN, DIANA WOOTEN AND
`DONALD T. WOOTEN;
`"JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`AMENDED
`NOTICE OF
`
`PENDENCY
`
`OF ACTION
`
`Index No. 513999/2017
`
`Defendants.
`
`
`NOTICE IS HEREBY GIVEN, that an action has been commenced and is now pending
`
`in the Supreme Court of KINGS County upon the Complaint of the above plaintiff against the
`
`above named defendant(s) for the foreclosure of a mortgage bearing the date July 21, 1994,
`
`executed by PRISCILLA WOOTEN A/K/A PRISCILLA A. WOOTEN, DECEASED AND
`
`JOSEPH WOOTEN, DECEASED,
`
`to secure the sum of $59,600.00 and recorded in Reel
`
`3363 of Mortgages at Page 0867, in the Office of the City Register of the City ofNew York on
`
`August 22, 1994; said mortgage was then assigned to Liberty Savings Bank F .S.B. by Virtue of an
`
`Assignment of Mortgage recorded on April 9, 2002 in Reel 5559, at Page 2204; said mortgage
`
`

`

`was then further assigned to Mortgage Electronic Registration Systems, Inc. by Virtue of an
`
`Assignment of Mortgage recorded on September 16, 2004 in CRFN 2004000578863; said
`
`mortgage was then further assigned to Plaintiff by virtue of an Assignment of Mortgage recorded
`
`on March 8, 2016 in CRFN 2016000078802.
`
`AND, NOTICE IS FURTHER GIVEN, that the mortgaged premises described in such
`
`mortgage(s) affected by the said foreclosure action, were, at the time of the commencement of
`
`this action, and at the time of the filing of this Notice, situated in the County of KINGS and State
`
`of New York, and are described in "Schedule A - Legal Description" attached hereto and made a
`
`part hereof.
`
`These pleadings are being amended to include DEBORAH WOOTEN, DIANA WOOTEN
`
`and DONALD T. WOOTEN, as possible heirs to the Estate of Patricia Wooten a/k/a Patricia A. Wooten,
`
`deceased. These pleadings are being amended to omit NEW YORK STATE DEPARTMENT OF
`
`TAXATION AND FINANCE as a party defendant within the action commenced under Index No.
`
`513999/2017.
`
`The Clerk of the County of KINGS, is directed to index this Notice against the names of
`
`all the defendant(s).
`
`
`
`DATED: AugusQit 2017
`
`
`
`‘%Man" i. Bl't yles, E 3.
`
`FEIN, SUCH & CRANE, LLP
`
`Attorneys for Plaintiff
`Office and PO. Address
`
`28 East Main Street, Suite 1800
`
`Rochester, New York 14614
`
`Telephone No. (585)232-7400
`YGRMC708
`
`Property Address: 1064 VERMONT STREET 4—DA, BROOKLYN, NY 11207
`Tax Map/Parcel ID No.: Block: 4414 Lot: 1048 of the BOROUGH of BROOKLYN, NY 11207
`
`

`

`
`SCHEDULE "A" LEGAL DESCRIPTION
`
`The Condominium Unit (hereinafter referred to as the "Unit") known as Unit No. 4D-A in the
`County of Kings and State of New York, said Unit being designated and described in a certain
`declaration dated May 5, 1994, made by Grantor pursuant to Article 9-B of the Real Property
`Law of the State of New York establishing a plan for condominium ownership of the Building
`and the land (hereinafter referred to as the "Land") upon which the Building is situate, which
`declaration was recorded in the Office of the Register of the City of New York, County of Kings
`(the "City Register's Office") on May 27, 1994 in Reel 3301, at page 1068 as Condominium No.
`468.
`
`This Unit is also designated as Tax Lot 1048 in Block 4414 of the Borough of Brooklyn on the
`Tax Map of the Real Property Assessment Department of the City of New York and on the Floor
`Plans of the Building, certified by Herbert Fleischer Associates on May 17, 1994, and filed with
`the Real Property Assessment Department of the City of New York and the Kings County
`Register's Office on May 27, 1994, as Condominium Map No. 5807.
`
`Together with an undivided 0.1160% interest in the Common Elements (as such term is defined
`in the Declaration);
`
`The land on which the Condominium is located is more particularly bounded and described as
`follows:
`
`PARCEL 1: (Block 4414)
`
`ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of
`Brooklyn, County of Kings, City and State of New York, bounded and described as follows:
`
`BEGINNING at the corner formed by the intersection of the Southerly side of Cozine Avenue
`with the Easterly side of New Jersey Avenue;
`
`RUNNING THENCE Easterly along the Southerly side of Cozine Avenue 200 feet to the
`Westerly side of Vermont Street;
`
`THENCE Southerly along the Westerly side of Vermont Street 485 feet to the Northerly side of
`Flatlands Avenue;
`
`THENCE Westerly along the Northerly side of Flatlands Avenue 200 feet to the Easterly side of
`
`New Jersey Avenue;
`
`THENCE Northerly along the Easterly side of New Jersey Avenue 485 feet to the corner, the
`point or place of BEGINNING.
`
`AND
`
`PARCEL 2: (Block 4415)
`
`

`

`ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of
`Brooklyn, County of Kings, City and State of New York, bounded and described as follows:
`
`BEGINNING at the corner formed by the intersection of the Easterly side of Vermont Street with
`the Northerly side of Flatlands Avenue;
`
`RUNNING THENCE Easterly along the Northerly side of Flatlands Avenue 698.71 feet to the
`Northwesterly side of Van Siclen Avenue;
`
`THENCE Northeasterly along the Northwesterly side of Van Siclen Avenue 532.28 feet to the
`Southerly side of Cozine Avenue;
`
`THENCE Westerly along the Southerly side of Cozine Avenue 918.01 feet to the Easterly side of
`Vermont Street;
`
`THENCE Southerly along the Easterly side of Vermont Street 485 feet to the corner, the point or
`place of BEGINNING.
`
`AND
`
`PARCEL 3: (Block 4423)
`
`ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of
`Brooklyn, County of Kings, City and State of New York bounded and described as follows:
`
`BEGINNING at the corner formed by the intersection of the Easterly side of Jerome Street with
`the Northerly side of Flatlands Avenue;
`
`RUNNING THENCE Easterly along the Northerly side of Flatlands Avenue 940 feet to the
`
`Westerly side of Elton Street;
`
`THENCE Northerly along the Westerly side of Elton Street 485 feet to the Southerly side of
`Cozine Avenue;
`
`THENCE Westerly along the Southerly side of Cozine Avenue 940 feet to the Easterly side of
`Jerome Street;
`
`THENCE Southerly along the Easterly side of Jerome Street 485 feet to the corner, the point or
`place of BEGINNING.
`
`

`

`
`MARK K. BROYI..ES ES .. an attorney duly licensed to practice in the State ofNew York, and a
`partner in the law firm of Fein, Such & Crane, LLP, certifies with regard to the following papers and/or
`documents:
`
`X
`
`NOTICE OF APPEARANCE IN MORTGAGE FORECLOSURE
`NOTICE OF APPEARANCE AND WAIVER IN MORTGAGE FORECLOSURE
`AFFIRMATION OF NO ANSWER & THAT NOTICE OF PENDENCY HAS BEEN
`FILED
`
`SUPPLEMENTAL AFFIDAVIT (AFFIDAVIT OF TENANCY)
`AFFIDAVITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT
`AFFIDAVITS OF SERVICE
`NOTICE OF PENDENCY OF ACTION
`SUMMONS
`COMPLAINT
`AMENDED NOTICE OF PENDENCY OF ACTION
`SUPPLEMENTAL SUMMONS
`AMENDED COMPLAINT
`ANSWER
`AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT
`REFEREE’S OATH & REPORT OF AMOUNT DUE
`REFEREE’S REPORT OF SALE
`STIPULATION TO CANCEL LIS PENDENS
`AFFIDAVIT TO ACCOMPANY STIPULATION TO CANCEL LIS PENDENS
`MEMORANDUM & TERMS OF SALE
`ATTORNEY AFFIRMATION IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`
`ATTORNEY AFFIDAVIT IN SUPPORT OF JUDGMENT OF FORECLOSURE &
`SALE
`ORDER TO CANCEL LIS PENDENS AND VACATE JUDGEMENT OF
`FORECLOSURE
`AFFIRMATION IN SUPPORT OF THE ORDER TO CANCEL LIS PENDENS
`AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION FOR DEFICIENCY
`JUDGMENT
`FOREBEARANCE AGREEMENT
`ATTORNEY AFFIRMATION IN SUPPORT OF ORDER FOR SERVICE BY
`PUBLICATION
`ATTORNEY AFFIRMATION OF REGULARITY
`
`that to his knowledge, information and belief, formed after an inquiry reasonable under the
`circumstances, the presentation ofthe paper or contentions therein are not frivolous as defined in
`subsection © of section l30-l.l of the Rules of the Chief Administrator [22NYCRR l30-l.l ©].
`
`Augusfi- , 2017
`Dated
`
`
`47%K Broyles,
`
`
`
`
`.
`
`Mar
`
`

`

`STATE OF NEW YORK
`
`SUPREME COURT
`COUNTY OF KINGS
`
`
`DITECH FINANCIAL LLC,
`
`-Vs—
`
`Plaintiff,
`
`SUPPLEMENTAL
`SUMMONS
`
`THE HEIRS AT LARGE OF THE ESTATE OF PRISCILLA
`
`WOOTEN A/K/A PRISCILLA A. WOOTEN, deceased, and
`
`all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of
`
`such of them as may be dead, and their husbands and wives,
`heirs, devisees, distributees and successors of interest of all
`
`of whom and whose names and places are unknown to Plaintiff;
`MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ;
`FINANCIAL FREEDOM ACQUISITION LLC; SECRETARY
`OF HOUSING AND URBAN DEVELOPMENT; DAVID J.
`FELIX MD; KEYSPAN ENERGY DELIVERY; CAPITAL ONE
`BANK; BOARD OF MANAGERS OF THE MEADOW WOOD AT
`GATEWAY CONDOMINIUM F/K/A FAIRFIELD TOWERS
`
`CONDOMINIUM; UNITED STATES OF AMERICA;
`DEBORAH WOOTEN, DIANA WOOTEN AND
`DONALD T. WOOTEN;
`"JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`Mortgaged Premises:
`1064 VERMONT STREET 4-DA
`
`BROOKLYN, NY 11207
`
`Index No. 513999/2017
`
`TO THE ABOVE NAMED DEFENDANT(S):
`YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action
`and to serve a copy of your Answer on the plaintiffs attorney within twenty (20) days of the
`service of this Summons, exclusive of the day of service, or within thirty (30) days after service
`of the same is complete where service is made in any manner other than by personal delivery
`within the State. The United States of America, if designated as a defendant in this action, may
`answer or appear within sixty (60) days of service. Your failure to appear or to answer will result
`in a judgment against you by default for the relief demanded in the Complaint. In the event that a
`deficiency balance remains from the sale proceeds, a judgment may be entered against you,
`unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be
`just and equitable.
`
`

`

`YOU ARE IN DANGER OF LOSING YOUR HOME
`
`NOTICE
`
`If you do not respond to this summons and complaint by serving a copy of the
`answer on the attorney for the mortgage company who filed this foreclosure
`proceeding against you and filing the answer with court, a default judgment may be
`entered and you can lose your home.
`
`Speak to an attorney or go to the court where your case is pending for further
`information on how to answer the summons and protect your property.
`
`Sending a payment to your mortgage company will not stop this foreclosure action.
`
`YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
`
`ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING
`THE ANSWER WITH THE COURT.
`
`These pleadings are being amended to include DEBORAH WOOTEN, DIANA WOOTEN
`and DONALD T. WOOTEN, as possible heirs to the Estate of Patricia Wooten a/k/a Patricia A. Wooten,
`deceased. These pleadings are being amended to omit NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE as a party defendant within the action commenced under Index No.
`513999/2017.
`
`KINGS County is designated as the place of trial.
`the mortgaged premises.
` Dated: Augustgjizon
`M rk K.
`royles Esq.
`FIEN, SUCH& CRANE, LLP
`
`
`
`he basis of venue is the location of
`
`Attorneys for Plaintiff
`Office and P0. Address
`
`28 East Main Street, Suite 1800
`
`Rochester, New York 14614
`
`Telephone No. (585) 232-7400
`YGRMC708
`
`Block: 4414
`
`Lot: 1048
`
`

`

`NATURE AND OBJECT OF ACTION
`
`The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in
`the County of KINGS, State of New York as more particularly described in the Complaint herein.
`
`TO THE DEFENDANT, the plaintiff makes no personal claim against you in this action.
`
`

`

`Help for Homeowners in Foreclosure
`
`New York State Law requires that we send you this notice about the
`foreclosure process. Please read it carefully.
`
`Summons and Complaint
`You are in danger of losing your home. If you fail to respond to the
`summons and complaint in this foreclosure action, you may lose your home.
`Please read the summons and complaint carefully. You should immediately
`contact an attorney or your local legal aid office to obtain advice on how to
`protect yourself.
`Sources of Information and Assistance
`The State encourages you to become informed about your options in
`foreclosure. In addition to seeking assistance from an attorney or legal aid
`office, there are government agencies and non-profit organizations that you
`may contact for information about possible options, including trying to work
`with your lender during this process.
`To locate an entity near you, you may call the toll free helpline
`maintained by the New York State Department of Financial Services at 1-800-
`342-3736 or visit the Department’s website at www.dfs.ny.gov.
`Rights and Obligations
`YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS
`TIME. You have the right to stay in your home during the foreclosure
`process. You are not required to leave your home unless and until your
`property is sold at auction pursuant to a judgment of foreclosure and sale.
`Regardless of whether you choose to remain in your home, YOU ARE
`REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property
`taxes in accordance with state and local law.
`
`Foreclosure Rescue Scams
`
`Be careful of people who approach you with offers to “save” your home.
`There are individuals who watch for notices of foreclosure actions in order to
`unfairly profit from a homeowner’s distress. You should be extremely careful
`about any such promises and any suggestions that you pay them a fee or sign
`over your deed. State law requires anyone offering such services for profit to
`enter into a contract which fully describes the services they will perform and
`fees they will charge, and which prohibits them from taking any money from
`you until they have completed all such promised services.
`
`§ 1303 Notice
`
`122016
`
`

`

`STATE OF NEW YORK
`
`SUPREME COURT
`
`COUNTY OF KINGS
`
`
`DITECH FIN—ANCIAL LLC,
`
`-vs—
`
`Plaintiff,
`
`AMENDED
`COMPLAINT
`
`THE HEIRS AT LARGE OF THE ESTATE OF PRISCILLA
`
`WOOTEN A/K/A PRISCILLA A. WOOTEN, deceased, and
`
`all persons who are husbands, widows, grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest of
`
`such of them as may be dead, and their husbands and wives,
`heirs, devisees, distributees and successors of interest of all
`
`of whom and whose names and places are unknown to Plaintiff;
`MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
`FINANCIAL FREEDOM ACQUISITION LLC; SECRETARY
`OF HOUSING AND URBAN DEVELOPMENT; DAVID J.
`FELIX MD; KEYSPAN ENERGY DELIVERY; CAPITAL ONE
`BANK; BOARD OF MANAGERS OF THE MEADOW WOOD AT
`GATEWAY CONDOMINIUM F/K/A FAIRFIELD TOWERS
`
`CONDOMINIUM; UNITED STATES OF AMERICA;
`DEBORAH WOOTEN, DIANA WOOTEN AND
`DONALD T. WOOTEN;
`"JOHN DOE" AND "JANE DOE" said
`
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupants of premises
`being foreclosed herein,
`
`Defendants.
`
`
`Index No. 513999/2017
`
`The plaintiff herein, by FEIN, SUCH & CRANE, LLP,
`
`its attorneys, complains of the
`
`defendants above named, and for its cause of action, alleges:
`
`FIRST: The plaintiff, is a foreign state limited liability company duly licensed,
`
`organized and existing pursuant to the laws of their state, doing business in New York.
`
`SECOND: Upon information and belief, at all times hereinafter mentioned, the
`
`defendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto
`
`(any that are corporations being organized and existing under the laws of the State set forth
`
`therein), and are made defendants in this action in the capacities and for the reasons alleged
`
`

`

`therein.
`
`THIRD: That the United States of America, the People of the State of New York, the
`
`State Tax Commission of the State of New York, the Industrial Commissioner of the State of
`
`New York, and all other agencies or instrumentalities of the Federal, State or local government,
`
`however designated, if named as defendants, are made parties solely by reason of the facts set
`
`forth in the annexed ”Schedule B."
`
`FOURTH: That heretofore, to secure a sum of money to the stated Lender, its successor
`
`and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
`
`certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
`
`and assigns, jointly and severally, in the amount of said sum, as more fully described in the
`
`annexed "Schedule C," said schedule being a copy of the bond(s) or note(s), or accurate reference
`
`to the assumption agreement(s) evidencing indebtedness to pla