SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF ONONDAGA
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KEYBANK, ~ N.A.,
CERTIFICATE OF
Plaintiff, MERIT PURSUANT TO
CPLR 3012-b -against-
Mortgaged Premises:
WILLIAM SONGER. A/K/A WILLIAM H. SONGER, NANCY S. 112 Greeley Circle,
SONGER, CITIBANK (SOUTH DAKOTA), N.A., Liverpool, NY 13090
"JOHN DOE #1"
through "JOHN DOE #20,"
the last
twenty names being fictitious and unknown to
plaintiff, the persons or parties intended being
the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or lien
upon the premises, described in the complaint,
Defendants.
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1. I am an attorney at law duly licensed to practice in the State of
New York and am affiliated with the law firm of STAGG, TERENZI, CONFUSIONE &
WABNIK, LLP, attorneys for Plaintiff KEYBANK, N.A. in this action.
2. This residential foreclosure action involves a home loan, as such
term is defined in the Real Property Actions and Proceedings Law §1304. Upon
information and belief, defendant William H. Songer and Nancy S. Songer , is
a resident of the property subject to foreclosure.
3. I have reviewed the facts of this case and reviewed pertinent
documents, including the mortgage, security agreement, note or bond
underlying the mortgage executed by defendant, all instruments of assignment,
and all other instruments of indebtedness including any modification,
extension and consolidation, (if any).
4. I have consulted about the facts of this case with the following
representatives of plaintiff·
plaintiff:
Name Title
Kathleen H Dewine Bank Officer
5. Upon this review and consultation, to the best of my knowledge,
information and belief, I certify that there is a reasonable basis for
commencement of this action, and that plaintiff is the creditor entitled to
enforce rights under these documents.
6. Listed in Exhibit A and attached hereto are copies of the
applicable, not otherwise as attachments !
following documents, if included to
FILED: ONONDAGA COUNTY CLERK 02/12/2018 11:17 AM INDEX NO. 001553/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/12/2018
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the summons and complaint: the mortgage, security instrument and note or bond
underlying the mortgage executed by defendant; all instruments of assignment
(if any); and any other instrument of indebtedness, including any
modification, extension and consolidation. (Check box if no documents are
attached in Exhibit A: 0).
7. Listed in Exhibit B and attached hereto are supplemental
affidavits attesting that certain documents as described in paragraph 5 supra
are lost, whether by destruction, theft or otherwise. (Check box if no
documents are attached in Exhibit B: O).
8. I am aware of my obligations under New York Rules of Professional
Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.
Dated: February 12, 2018
UIES AKHIZADA
X
~
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
KEYBANK, N.A. AFFIDAVIT
Plaintiff,
-against- Index No.
WILLIAM SONGER A/K/A WILLIAMS H. SONGER, NANCY Mortgaged Premises:
S. SONGER, I CITIBANK (SOUTH DAKOTA), ( N.A., 112 Greeley Circle,
Liverpool, NY 13090
"JOHN DOE #1"
through "JOHN DOE #20,"
¹20, the last
twenty names being fictitious and unknown to Section 15; Block 3
plaintiff, the persons or parties intended being Lot 7.0;
the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or
lien upon the premises, described in the
complaint,
Defendants.
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STATE OF NEW YORK )
gg_t ) SS.
COUNTY OF WEW--¥eR-K )
AA^ being duly sworn, deposes and
says: .
1. I am a(n) /~4 6 c , of plaintiff in the above-
captioned mortgage foreclosure action. I am authorized to execute this
affidavit.
2. I have performed the following actions:
A ~( Cohfirmed the notice of default and ninety (90) day notice, if
required, were properly mailed prior to commencement of foreclosure.
B ~ Reviewed the relevant loan documents and records pertaining to this
case.
C p~ Reviewed the summons and complaint in this action to confirm the
factual accuracy of the identity of the proper plaintiff, the defaults and
the amounts claimed to be due to plaintiff as set forth therein.
FILED: ONONDAGA COUNTY CLERK 02/12/2018 11:17 AM INDEX NO. 001553/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/12/2018
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.'
ER)N A. MESMER ew Qoehgled tn Erie Co
.
D 4 Confirmed that the plaintiff is in physical possession of the
pertinent note or notes.
S o pp to befo & me this
day of }( 3 f( ) y 2O
NOTARY PUBLIC n *
V
>. o York
1ME61O2y43
~Y <ommissioe F padres ecembe 10,
State }
County of . } ss. ~
On the day o in the year before me, the
undersigned, personally eared ,
personally known to me or progd to me on the basis of satisfactory evidence
to be the individual(s) whose na :) is(are) subscribed to the within
instrument and acknowledged to me tha e/she/they executed the same in
his/her/their capacity(ies), that by his/h their signature(s) on the
instrument, the individual(s), or the person up behalf of which the
individual(s) acted, executed the instrument; and t; such individual made
such appearance before the undersigned in the
(insert the city and the state or country
the acknowledgment was taken)
Signature Notary
FRANKLIN ABSTRACT, LTD.
Title Number: FAF-915 File number: KBK-18178
SCHEDULE A
DESCRIPTION OF PREMISES UNDER EXAMINATION
ALL that tract or parcel of land situate in the Town of Salina, County of Onondaga and State of New York, being part of Farm Lot 62 in said Town, and being more particularly described as Lot 7, according to a map of Greengate, Section "A", made by Alfred N. lanuzi, Jr., L.L.S., and filed in the Onondaga County Clerk's Office on October 20, 1987 as Map No. 6694.
Premises commonly known as:
112 Greeley Circle, Liverpool, New York
And also by
Section: 15, Block: 3 and Lot: 7.0
FILED: ONONDAGA COUNTY CLERK 02/12/2018 11:17 AM INDEX NO. 001553/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/12/2018
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w' Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
KEYBANK, N.A.
Plaintiff,
-against-
WILLIAM SONGER A/K/A WILLIAM H. SONGER , ET AL.,
Defendants.
CERTIFICATE OF MERIT
STAGG, TERENZI, CONFUSIONE & WABNIK, LLP
ATTORNEYSfor PLAINTIFF Office & Post Office Address 401 FRANKLIN AVENUE
SUITE 300
GARDEN CITY, NEW YORK 11530
. (51 -4500
FACSIMILE NO. 516) 812-4600
Signature-(ftule 13 . a)
QÚIEfSAKHIZADA
Service a copy of the w is hereby admitted
Dated,
Attorney(s) for ...
Please take notice
NOTICE OF ENTRY
Othat the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT
Othat an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within Court, at
Dated,
Yours, etc.
STAGG, TERENZI, CONFUSIONE & WABNIK, LLP ATTORNEY(S) for PLAINTIFF
Office & Post Office Address 401 FRANKLIN AVENUE