Details for SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF CATTARAUGUS-------------------------X BANK OFAMERICA, N.A.
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF CATTARAUGUS-------------------------X BANK OFAMERICA, N.A., Plaintiff,Re-Filed:Filed: 4/24/2014Index No. 82498/2014 -against-CATTARAUGUS COUNTY PUBLIC ADMINSTRATOR AS ADMINISTRATOR OF THE ESTATE OF EDWARD H. GRIFFIN AKA EDWARD GRIFFIN; THE UNKNOWN HEIRS-AT-LAW, NEXT-OF-KIN, DISTRIBUTEES, EXECUTORS, ADMINISTRATORS, TRUSTEES, DEVISEES, LEGATEES, ASSIGNEES, LIENORS, CREDITORS, AND SUCCESSORS IN INTEREST, AND GENERALLY ALL PERSONS HAVING OR CLAIMING, UNDER, BY OR THROUGH THE DECEDENT EDWARD H. GRIFFIN AKA EDWARD GRIFFIN, BY PURCHASE, INHERITANCE, LIEN OR OTHERWISE, ANY RIGHT TITLE OR INTEREST IN AND TO THE PREMISES DESCRIBED IN THE COMPLAINT HEREIN; CHERYL GUERARD; JAMES GRIFFIN; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; Plaintiff designates CATTARAUGUS County as place of trialVenue is based upon County in which premises are being situateSUPPLEMENTAL SUMMONS WITH NOTICE ACTION TO FORECLOSE A MORTGAGEDefendants.-------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance upon the Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the date of service or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York. If you fail to so appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint.DATED: Elmsford, New YorkJuly 21, 2017NOTICEYOU ARE IN DANGER OF LOSING YOUR HOMEIf 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 the 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 BANK OF AMERICA, N.A., AND FILING THE ANSWER WITH THE COURT.________________Rachel L. Johnston, Esq.Knuckles, Komosinski & Manfro, LLPAttorneys forPlaintiff565 Taxter RoadSuite 590Elmsford, NY 10523Phone: (914) 345-3020THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.NOTICE TO OCCUPANTS: BANK OF AMERICA, N.A., IS FORECLOSING AGAINST THE OWNER OF THIS PREMISES. IF YOU LIVE HERE, THIS LAWSUIT MAY RESULT IN YOUR EVICTION. YOU MAY WISH TO CONTACT A LAWYER TO DISCUSS ANY RIGHTS AND POSSIBLE DEFENSES YOU MAY HAVE.Help for Homeowners inForeclosureNew York State Law requires that we send you this notice about the foreclosure process. Please read it carefully.Summons and ComplaintYou 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 AssistanceThe 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 possibleoptions, 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 (800) 342-3736 or visit the Department's website at http://www.dfs.ny.gov.Rights andObligationsYOU 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.ForeclosureRescue ScamsBe 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.NOTICE OF OBJECT OF ACTION AND RELIEF SOUGHTTHE OBJECT of the above-entitled action is to foreclosure of a mortgage bearing date October 30, 2009, given by Edward H. Griffin a/k/a Edward Griffin and Lucille V. Griffin a/k/a Lucille Griffin to MERS as nominee for Quicken Loans, Inc. to secure the sum of $142,704.00 and recorded in Instrument No. 131504-001 in the office of the County Clerk/City Register of Cattaraugus County on November 25, 2009 and which mortgage was assigned to the Plaintiff herein as later evidenced by written instrument dated August 14, 2012 which was recorded with the County Clerk/City Register of Cattaraugus County on August 29, 2012 in Instrument No. 183023-001, covering the premises described as follows:247 Hardy Corners Road, Franklinville, NY 14737The relief sought in the within action is final judgment directing the sale of the premises described above to satisfy the debt secured by the mortgage described above.The Plaintiff makes no personal claim against any Defendants in this action.The foregoing summons is served upon you by publication pursuant to an order of the Honorable Jeremiah J. Moriarity III, J.S.C. entered July 10, 2017.