EXHIBIT(S) - j (Motion #002) - affidavit of service September 16, 2022 (2024)

EXHIBIT(S) - j (Motion #002) - affidavit of service September 16, 2022 (1)

EXHIBIT(S) - j (Motion #002) - affidavit of service September 16, 2022 (2)

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FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/16/2022 Exhibit J {5318969: }FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/16/2022 Il©EX NO. 60 9M /2019 FILED: SUFFOLK COUNTY CLERK 05/20/2019 09 : 0 4 AM) NYSCEF . IVED NYSCEF: 05 / 2 0 / 2019 O C WOODS OVIATT G1LMAN, 320 CARIETON AVE, STE.2600 700 Crossroads Bidg CENTRAL ISLIP, NY, 11722 Rochester, NY 14614 (631) 666-6168 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX # 607774/2019 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, HOME EQU1TY ASSET-BACKED CERTECATES, SERIES 2007-1, Plaintiff, Against AFBIDAVIT OF SERVICE MICHAEL TURPIN A/K/A MICHAEL E. TURPIN, ET AL Defendants, STATE OF NY COUNTY OF SUFFOLK Thomas Thompson 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 NY. That on May 11, 2019 at 1:08PM at 33 AVOLET COURT, MOUNT SINAl A/E/A TOWN OF BROOEHAVEN, NY, 11766, depanent served the within NOTICE OF ELECTROMC FEMO & SUMMONS FORECLOSURE ACTION & FORECLOSURE COMPLAINT AND DEBT VALIDATION LETTER which ennini's the additional notice requirements in accordance with RPAPL §1320, along with a copy of the Homeowner's Foreclosum Notice as required by RPAPL §1303, which notice was printed on a colored piece of paper, which color difhred from that of the color of the NOTICE OF ELECTRONIC FILING & SUMMONS FORECLOSURE ACTION & FORECLOSURE COMPLAINT and the notice was in bold, fourteen-point type, with the title of the notice in bold, twenty-point type , and Certification with exhibits as required by CPIA §3012-B bearing index # 607774/2019, filed 04/22/2019 on JANELKA TURPIN A/K/A JANELKA A. TDRPIN, defendant therein named, INDIVIDUAL by delivering therent a true copy of each to said defe-taw personally, deponent know said person so served to be the person described as said defendant therein. (S)He identified (her) himself as such, DESCRIPTION Deponent describes the individual served to the best of deponent's ability at the time and cimumstances of service as follow: Sm Sidn Color Hair Color Age (Aprx) Heisht (Apm) Weight (Apm) F BLACK BLACK 41 5'4 160 USE IN NYC The language required by NYCRR 2900.2(e), (1) & (h) was set fbrth CIVIL CT. on the face of said summons(es) ME2TARY 1 asked the person spoken to whether the defendant was in active military service of the SERVICE United States or of the State ofNY in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated. Upon information and belief I aver that the defendant is not in the military service of NY or of the United States as that term is defined in either the State or Federal statutes. SWORN TO BEFORE ME ON NA¶ 25 Ff Di # 20181986 CASE ID#5506005 TH1iR hlAtt18 GISMONDi sup 08ff 9 1 of 1FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019NYSCEF IN DEXNYSCEF: 7 7 4 / 2 01 9 NO . 6 0 709/16/2022 |FILEDDOC.: NO. 56 SUFFOLK COUNTY CLERK 05/O6/2019 02:55 PM) RECEIVED NY S CE F DOC . NO . 5 RECE IVE D NY SCE F : 0 5 / O6 / 2 O1 9 COUNTY OF SUFFOLK SUPREME COURT OF THE STATE OF NEW YORK #26943M HSBC BANK USA, NATIONAL ASSOCIATION AS TR,USTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, HOME EQUITY ASSET-BACKED CERTiFICATES, SERIES 2007-1 Plaintiff(s) INDEX# 607774/2019 against Date filed 4/22/2019 MICHAEL TURPIN A/K/A MICHAEL E. TURPIN, ET AL, Defendant(s) STATE OF NEW YORK COU.NTY OF ALBANY 20181986 6606006 SECRETARY OF STATE - AFFIDAVIT OF SERVICE ALEX SCHETTINO being duly sworn, deposes and says that deponent is not a party to this action. is over the age of 18 years and has a principal place of business at in the County of Albany, State of New York. That on 5/1/20i9 at 3:0B PM, at the office of the Secretary of State, of the State of New York in the City of Albany, New York at 99 WasNngton Avenue, he/she served a true copy of a NOTICE OF ELECTRONIC FILING, SUMMONS FORECLOSURE ACTION AND FORECLOSURE COMPLAINT CERTIFICATION WITH EXHIBITS AS REQUIRED BY CPLR §3012-b on TIMBER RIDGE HOMES AT MT. SINAl HOME OWNERS ASSOCIATION, INC. S/H/A BOARD OF DIRECTORS OF TIMBER RIDGE HOMES AT MT. SINAl HOMEOWNERS ASSOCIATION, INC., Defendant in this action end on this date, the address of record with the secretary of state is: 108 TERRYVILLE RD PT JEFFERSON STATioN NY 11776 By delivering to and leaving with AMY LESCH, authorized agent in the office of the Secretary of the State, State of New York, personally at the office of the Secretary of State, of the state of New York, two (2) true copies thereof and that at the thne of rnaking such service, deponent paid said Secretary of State a fee of $40.00. That said service was made pursuant to Section 306 NFP Bearing index Number and Filing Date endorsed thereon. [ ] Deponent additionally served upon the above rlemed defendant one (1) true copy of the RPAPL SEC. 1303 Homeowner's Foreclosure Notice which was printed in bold, 14 point font size and printed on colored paper which is a color other than said pleading Description Description of the Recipient is as follows: A Female with White skin, Blonde hair, who is approximately 46 years of age 5' 6" and has an ap proximate height of and approximate weight of 170 pounds. Other identifying features are as follows: None. ALEX3CHEtTINO Process Server State of New York County of Albany Swom to before me on This 2 day of May 2019 Michelle M. Santspree Emily M. Corbett Notary Public, State of New York Notary Public, State of New York NO. OiSA5047611 No. 01CO6299470 Notary Pulille - ffily Rorbeit Quelfled in Alban y Courity Quenited in Albany County Commission Expires August 7, 2021 Commission Expires March 24 2022 PROVEST LLC -320 CARLETON AVE STE#2600 - CENTRAL fSLIP, NY 11722 - (631)666-6168 1 of 1FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019 |F ILED SUFFOLK INDEX NO. 607 77 4/ 2 01 9NYSCEF DOC.: NO. 56 COUNTY CLERK 05/10/2019 03: 18 Pl4 RECEIVED NYSCEF: 09/16/2022 N . NO. 9 RECEIVED NYSCEF: 05/10/2019 PROVEST LLC WOODS OVIATT GILMAN, LLP 320 CARLETON AVE, STE.2600 700 CROSSROADS BLDG CENTRAL ISLIP, NY, 11722 ROCHESTER, NY 14614 . (631) 666-6168 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX # 607774/2019 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, HOME EQUITY ASSET-BACKED CERTIFICATES, SERIES 2007-1, Plaintiff, Against AFFIDAVIT OF SERVICE MICHAEL TURPIN A/K/A MICHAEL E. TURPIN, ET AL Defendants, I, STEVEN BRENNAN, being first duly sworn, depose and say as follows: I am not a party to this action, I am over 18 years of age and I reside in the State of New York. On 5/1/2019 at 3:10 PM at 100 Veterans Memorial Highway Hauppauge, New York 11788, I served the within NOTICE OF ELECTRONIC FILING & SU1@iONS FORECLOSURE ACTION & FORECLOSURE COMPLAINT and Certification with exhibits as required by CPLR §3012-B bearing index # 607774/2019, filed 4/22/2019 on Clerk of the Suffolk County Traffic & Parking Violations Agency, defendant therein named, (X) CORPORATION: A corporation, by personally delivering thereat a true copy of each to ERIN "DOE" (REFUSED LAST NAME), CLERK. I knew said so served to be the corporation described as the named defendant and knew said individual to be the AUTHORIZED AGENT thereof. DESCRIPTION The following is a description of the individual I served to the best of my ability at the ti d circ*mstances of service: AGE: 40 SKIN TONE: WHITE GENDER: PEMALE WEIGHT: 150 HEIGHT '5 AIR: BLONDE CASE ID # 5506005 STATE OF NEW YORK COUNTY OF Sw in t and subscribed be e me this __ day of 0984._, by STEVEN BRENNAN (affiant name). Signahire of Notary Public Print, Type or Stamp N ry's Commissioned Name Personally known OR Produced Identification Type of Identification Produced PAMELA E. KOESTER NOTARY PUBLiC, STATE OF NEW YORK Registration No. oiKO6323093 Qualmed in Suffolk County Commission Expires April 13, 2023 CORP0119 1 of 1FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019 INDEX 7 4 / 2 0 19 NO . 6 0 7709/16/2022NYSCEF DOC. NO. ILED: SU F 56 FOLK COUNTY CLERK 05 5:1 P RECEIVED NYSCEF: NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/08/2019 PROVEST LLC WOODS OVIATF GILMAN, LLP 320 CARLETON STE.2600 AVE, 700 CROSSROADS BLDO CENTRAL ISLIP, NY, 11722 ROCHESTER, NY 14614 (631) 666-6168 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX # 607774/2019 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES HOME EQUITY ASSET- CORPORATION, BACKED CERTIFICATES, SERIES 2007-1, Plaintiff, Apinst AFFIDAVIT OF SERVICE MICHAEL TURPIN A/K/A MICHAEL E. TURPIN, ET AL Defendants, I, Joseph Donovan, being first duly sworn, depose and say as follows: I am not a party to this action, Iam ever 18 years of age and Ireside in the State ofNew Yoric. On 05/02/2019 at 2:45 PM at 28 LIBERTY STREBT, 42ND FLOOR NEW YORK, New York 10005, I served the within NOTICE OF ELECTRONIC FIl2NG & SUMMONS FORECLOSURE ACITON & FORECLOSURE COMPLABiT and Certification with exhibits as required by CPLR $3012-B bearing index # 607774/2019, filed 4/22/2019 on BANK OF AMERICA, N.A., defendant therein named, (X) CORPORATION: A corporation, by personally delivering thereat a true copy of each to NORA DINDYAL, PROCI5SS SPECIALIST, authorized apnt of CT CORPORATION SYSTEM, registered agent fbr BANK OF AMERICA, N.A.. DESCRIPTION The following is a description of the individual I served to the best of my ability at the time and circ*mstances of service: AGE: 60 SION TONE: BRO'WN GEN DER: FEMALE WEIGHT: 100-130 LBS HEIGET: SPTOR4-5FT3IN HAIR: BLAC(C FRE # 20181986 CASE ID # 5506005 STATE OF NEW YORK COUNTY OP iÛbryson<) to and subscribed before me this _(g- day of . 20)_,, by Joseph Donovan (affiant name). ignature ofNotary Public TAR A D O NOVAN NOTARY PU BLIC-STATE OF NEW YO RK Print, Type or Stamp Notary's Commissioned Name N o. 01 DO621 0234 Qualified in Richmond County Personally Imown OR Produced Identification My Commission Expitea08-10-2011 Type of Identifloation Produced . CTCO03.19 1 of 1 FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019 FILED: INDEX NYSCEF: NO. 60 709/16/2022 774/ 2019 NYSCEF SUFFOLK DOC. NO. 56 COUNTY CLERK 05/16/2019 03:29 PlÈ RECEIVED N . NO. 10 RECEIVED NYSCEF: 05/16/2019 PROVEST LLC WOODS OVIATT GILMAN, LLP 320 CARLETON AVE, STE.2600 700 CROSSROADS BLDO CENTRAL ISLIP, NY, 11722 ROCHESTER, NY 14614 (631) 666-6168 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX # 607774/2019 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, HOME EQUITY ASSET-BACKED CERTIFICATES, SERIES 2007-1, Plaintiff, Against AFFIDAVIT OF SERVICE MICHAEL TURPIN A/K/A MICHAEL E. TURPIN, ET AL Defendants, I, KENNETH BAYLOR, being first duly sworn, depose and say as follows: I am not a party to this action, I am over 18 years of age and I reside in the State of New York, On 5/8/2019 PM at 121 WEST BROADWAY at3:05 PORT JEFFERSON, New York 11777, I served the within NOTICE OF ELECTRONIC FILING & SUMMONS FORECLOSURE ACTION & FORECLOSURE COMPLAINT and Certification with exhibits as required by CPLR §3012-B bearing index # 607774/2019, filed 4/22/2019 on PORT JEFFERSON VILLAGE COURT, defendant therein named, (X) CORPORATION: A corporation, by personally delivering thereat a true copy of each to CAROLINE WILLIAMS, CLERK. I knew said so served to be the corporation described as the named defendant and knew said individual to be the AUTHORIZED AGENT thereof. DESCRIPTION The following is a description of the individual I served to the best of my ability at the time and circ*mstances of service: AGE: 5 1-55 SKIN TONE: WHITE GENDER: FEMALE WEIGHT: 160 HEIGHT: 5'5 HAIR: BROWN COMMENTS: GLASSES FILE # 201d1 86 CASE ID # 5506005 STATE OF NEW ORK COUNTY OF C/! S and ed before me this ___ day of , 20__, by KEN BAYLOR (affiant name). Si ublic BLANCA ELSY MOUNA NOTARY PUBUC, State of New York No. 01MO6329116 . . QuaMed in Nassau County Print, Type or Stamp Notary's Comnussioned Name comrnission Exp1reaos/1W2010 Personally known OR Produced Identification Type of Identification Produced CORP0119 1 of 1FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019NYSCEF DOC. NO. 56 F ILED: SUFFOLK COUNTY CLERK 05/20/2019 09 : 0 4 AN| IEEX NO. 607 m / 2 019 RECEIVED NYSCEF: 09/16/2022 NYSCEF DOC 12 IVED NYSCEF: 05 / 2 0 / 2 019 PRd t, LLC WOODS OVIATT GENAN, 320 CARLETON AVE, STE.2600 700 Crossroads Bidg CENTRAL ISLIP, NY 11722 Rochester. NY 14614 (631) 666-6168 SUP1UNE COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX # 607774/2819 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, HOME EQUITY ASSET-BACKED CERTIFICATES, SERIES 2007-1, Plainti% Against AFFIDAVIT OF NON-SERVICE ECHAEL TURPIN A/K/A ECHAEL L TURPIN, ET AL pgfendants, STATE OF NY COUNTY OF SUFFOLK Thomas Thompson 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 NY. That.on May 11, 2019 at 1:08PM, I went to the property address at 33 AVOLET COURT, MOUNT SMAI A/K/A TOWN OF BROOKHAVEN, NY, 11766. I was told by JANELKA TURPIN (fblack/black/41/5'4/160), Homeowner, that no persons, (John/Jane Does), are living at the residence. SWORN TOaEFOREuE ON gy h ggjg # 20181986 CASE ID # 5506005 1 of 1FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019 6 0 7 m /2019NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/16/2022 NDEX NO . (FILED : SUF FOLK COUNTY CLERK 05/20 / 2 019 09 : 04 AN| NYSCEF C SCEF : 05 /2 0/2019 320 CARLETON AVE, STE,2600 700 Crossroads Bldg CENTRAL ISLIP, NY, 11722 Rochester, NY 14514 (631) 666-6168 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEE # 607774/20I9 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLB FARGO ASSET SECURITIES CORPORATION, HOME EQUITY ASSET-BACEED CERTIFICATES, SERIES 2007-I, Plaintiff, Against AFFIDAVIT OF MAILING MICHAEL TURPIN A/E/A MICHAEL E. TURPIN, ET AL P4ndants, STATE OF NEW YORK COUNTY OF SUFFOIX Ross Kennedy, being duly sworn, deposes and says: that deponent ia not a party to this aotion, is over l8 years of age and residen in Sufiblk County, New York. On 05/16/2019, deponent served the within RPAPL §1303 Tenant Foreclosure Nedce, which notice was pdated on a colored paper other than that of the NOTICE OF EIECTRONIC FII.1NG & SUMMONS FORECLOSURE ACTION & FORECIDSURE COMPLAINT paranant to RPAPL $1303 on ANY AND ALL OCCUPANTS AT 33 AVOLET COURT MOUNT SINAI A/K/A TOWN OF BROOKHAVEN, NY 11766, which building consists of less than Eve dwelling units. by depositing a true copy of same enclosed in a post-paid first class properly addressed wrapper, in a post of ticeofficial depositmy under the exclusive eare and custody of the United States Postal Service within the State of New York, SWORN TO BEFORE ME ON FILE # 20181986 CASE ID# 5506005 1 of 1FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/16/2022 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 or legal aid office, there are attorney government agencies and non-profit organizations that you may contact for information about possible options, to work with your lender including trying 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 the Foreclosure Relief Hotline 1-800-269-0990 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 ANb 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 "save" Be careful of people who approach you with offers to your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profitFILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/16/2022 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 .FILED: SUFFOLK COUNTY CLERK 09/16/2022 12:10 PM INDEX NO. 607774/2019NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/16/2022 NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE New York State Law requires that we provide you this notice about the foreclosure process. Please read it carefully. We, WELLS FARGO BANK, NA, are the foreclosing party and are located at 3476 STATEVIEW BLVD, MAC# X7801-013, FORT MILL, SOUTH CAROLINA 29715. We can be reached at 866-605-0829 (JUSTIN GARST). The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of the residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Services' Department of Financial toll-free helpline at 1-800-269-0990 or visit the Department's website at http://www.dfs.ny.

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- COUNTY OF STANISLAUS vs SHAIBI, YEHIA AHMED QASSEM -

Aug 21, 2024 |CV-22-005038

CV-22-005038 - COUNTY OF STANISLAUS vs SHAIBI, YEHIA AHMED QASSEM - Plaintiff's Motion for Terminating and Monetary Sanctions Against Defendant Lion's Market and/or Its Counsel - GRANTED.The Court finds, in relation to Defendant’s protracted delay in submitting responses, and incomplete ones at that, to Plaintiff’s discovery propounded on Defendant as far back as in June 2023, and in failing to comply with the Court’s order of February 15, 2024, that Defendant’s said conduct amounts to abuse of the discovery process that warrants the imposition of terminating sanctions. (Code Civ. Proc. §§2023.030 (d) and (g), and 2023.010 (d)(1) and (d)(4).Defendant is aware of the Court’s order and yet has failed to comply with same. (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377; Liberty Mutual Fire Ins. Co. v. LcL Administrators, Inc. (2008) 163 Cal.App.4th 1093); Creed-21 v. City of Wildomar (2017) 18 Cal. App. 5th 690, review denied).Furthermore, the Court has, on at least two occasions, granted Defendant’s requests for additional time to respond to said discovery. “The court is not required to have infinite patience in these situations”. (Jerry's Shell v. Equilon Enterprises, LLC, (2005) 134 Cal. App. 4th 1058).Accordingly, Plaintiff’s motion is hereby granted.All of Defendant’s allegations in its First Amended Answer to Plaintiff’s Complaint, notably paragraphs 3-6 (p. 2, lines. 17-25) of Defendant’s First Amended Answer and its prayer for relief are hereby stricken. (Code Civ. Proc. §2023.030 (d)(1)). Default judgement is hereby rendered in Plaintiff’s favor.Monetary sanctions are issued in Plaintiff’s favor against Defendant and their Counsel Tyler Kelly Esq. for Plaintiff’s reasonable fees and costs in having to file this motion in the sum of $2,700 including prior sanctions of $900 if same remains unpaid. Said sanctions shall be paid to Plaintiff’s Counsel within fourteen (14) days of the date of this order.

Ruling

Heritage 21, LLC vs. Bramble, et al.

Aug 19, 2024 |22CV-0200645

HERITAGE 21, LLC VS. BRAMBLE, ET AL.Case Number: 22CV-0200645This matter is on calendar for status of dismissal. Defendants filed a Case Management Conference Statementindicating that the settlement terms have not been finalized and that there have been recent developments thatmay delay settlement. The matter is continued to Monday, October 7, 2024 at 9:00 a.m. in Department 63for status of the case. The parties are ordered to meet and confer to finalize the settlement. If a settlement willnot be finalized prior to the next hearing, the Court intends to set the matter for trial and expects that the partieswill have met and conferred regarding proposed dates for trial. No appearance is necessary on today’scalendar.

Ruling

Sol Selection, LLC vs. All persons unknown

Aug 25, 2024 |23CV-0203591

SOL SELECTION, LLC VS. ALL PERSONS UNKNOWNCase Number: 23CV-0203591This matter is on calendar for review regarding status of default judgment. On June 5, 2024, thisCourt issued its Ruling after a June 3, 2024 Default Prove Up hearing. The Court denied therequest to enter default judgment without prejudice. Nothing further has been filed. Anappearance is necessary on today’s calendar to provide the Court with a status of defaultjudgment.

Ruling

JAMES LATTIMORE AND CHERYL LATTIMORE INDIVIDUALLY AND AS TRUSTEES OF THE LATTIMORE FAMILY TRUST DATED SEPTEMBER 30 2004 vs. KEVIN JENNINGS DBA JENNINGS CONSTRUCTION et al

Aug 26, 2024 |22CV12749

No appearances are necessary. The hearing is vacated as the matter is set for trial.

Ruling

Aug 20, 2024 |CVRI2403157

B&B CARRIER, INC. VSCVRI2403157 PRELIMINARY INJUNCTIONEAST WEST BANKTentative Ruling: Deny motion.A motion for preliminary injunction must show (1) a probability of prevailing on the merits,and (2) that the balance of hardships favors issuance of the injunction. (O’Connell v. SuperiorCourt (2006) 141 Cal.App.4th 1452, 1463.) However, “[t]he applicant must demonstrate a realthreat of immediate and irreparable injury.” (Triple A. Machine Shop, Inc. v. State of California(1989) 213 Cal.App.3d 131, 138.)Here, Plaintiffs will suffer harm because they will lose real property. With regard toPlaintiff’s three causes of action for fraud, a preliminary injunction is neither requested noravailable as a remedy, even if Plaintiff is likely to or in fact, succeeds on the merits of said claims.(Cal. Civil Code § 3343.) The complaint makes no request for injunctive relief in any of the threefraud causes of action. (Complaint, ¶¶ 31, 38, and 44.) “In general, if the plaintiff may be fullycompensated by the payment of damages in the event he prevails, then preliminary injunctiverelief should be denied.” (Tahoe Keys Property Owners' Assn. v. State Water Resources ControlBd. (1994) 23 Cal.App.4th 1459, 1471.) Likewise, Cal. Civil Code § 3343, which covers damagesresulting from the fraudulent sale of property, does not list injunctive relief as an available remedy.Therefore, the fraud claims must not be considered when evaluating Plaintiff’s request for apreliminary injunction.Plaintiff’s fourth cause of action for breach of duty care, honesty, good faith fair dealingand disclosure is only brought against Defendants eXp realty and Robach who are not affiliatedwith the party against whom the preliminary injunction is being sought. Thus, the fourth cause ofaction, and any conduct by eXp Realty or Robach, cannot be considered either.This leaves only Plaintiff’s fifth cause of action for violations of the unfair competition lawas defined by Cal. Business and Professions Code § 17200, et seq. (“UCL”). Business &Professions Code §17200 prohibits any business act or practice that is unlawful, unfair, orfraudulent. A cause of action for violating this statute “borrows” actionable conduct and makes itindependently actionable under the UCL. (Smith v. State Farm (2001) 93 Cal.App.4th 700, 718.)Here, Plaintiff could “borrow” the actionable conduct from the fraud allegations to support his UCLclaim. But, given the deposition testimony that is attached to Bank’s opposition, Plaintiff is notlikely to succeed on his fraud claims. Mr. Butter, who is the owner and CEO of Plaintiff, statesseveral times that he did not discuss the permit issue with Mr. Suk or anyone from Bank prior tomissing his first payment and after the loan was funded. (Declaration of Thomas Robins, ¶ 3,Exhibit 1.)Moreover, relief under the UCL requires ongoing wrongful business conduct. (CaliforniaService Station etc. Assn. v. Union Oil Co. (1991) 232 Cal.App.3d 44, 56-57.) This would requireongoing wrongful business conduct that makes the foreclosure itself wrongful. Plaintiff alleges noongoing fraudulent conduct. The complaint alleges a potential single act that impacted the sale ofthe Property. Additionally, Plaintiff admits that it had defaulted on the loan. (Declaration ofParminder Singh Butter, ¶ 10.) That alone gives Bank the right to foreclose on the Property.Therefore, it is not likely that Plaintiff will succeed in proving that he reasonably relied on anystatements made by Bank or its employees or agents to support the fraud claim against Bank.

Ruling

34-2021-00305326-CU-OR-GDS

Aug 20, 2024 |Unlimited Civil (Other Real Property (not emin...) |34-2021-00305326-CU-OR-GDS

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54Tentative RulingDefendants/Cross-Complainants James Brian Putler and Brian Pifferini’s (“Defendants”) motionfor summary judgment, or in the alternative, motion for summary adjudication, is ruled upon asfollows.Plaintiffs’ counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4).The parties’ unopposed requests for judicial notice are granted for the limited scope whichjudicial notice is permitted.BackgroundThis is a boundary dispute between two neighbors. Plaintiffs/Cross-Defendants Michele andAaron Solomon (“Plaintiffs”) allege the following. In 1987, Plaintiffs purchased the real propertylocated at 2031 Maple Glen Road, Sacramento, California 95864 in the subdivision known asArden Oaks. At the time of the sale, 2031 Maple Glen was owned by the Williamses.Additionally, the Williamses also owned the adjacent property located at 2041 Maple Glen.Plaintiffs allege that the Williamses developed Arden Oaks. The two properties are divided by asplit rail fence that was installed when the properties were developed in 1950. The configurationof the fence creates an enclosed wedge-shaped area (“the Wedge”) measuring approximately1,571.11 square feet. With the current configuration, Plaintiffs have exclusive access to theWedge and have installed and maintained various improvements in the Wedge.Defendants are the current owners of 2041 Maple Glen. In 2020, Defendants notified Plaintiffsthat they had commissioned a survey that revealed that the fence was not the actual boundaryline. Defendants thus informed Plaintiffs that they intended to demolish the fence and erect anew fence along the boundary line that is consistent with their survey. The new fence woulddeprive Plaintiffs access to the Wedge.Defendants filed the instant motion for summary judgment on June 20, 2023. Plaintiffs opposedand moved for leave to file an amended complaint. The Court granted Plaintiffs’ motion, and onMarch 15, 2024, Plaintiffs filed a first amended complaint. On July 10, 2024, Defendants filed asecond amended notice of motion for summary judgment/adjudication. According toDefendants’ amended notice of motion, “Defendants are entitled to summary judgment as toPlaintiffs’ complaint because Plaintiffs are not entitled to a prescriptive easem*nt as a matter oflaw. Defendants are also entitled to summary judgment as [to] their cross-complaint becauseDefendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.”(Second Amended Notice 2:4-7.)Alternatively, Defendants argue they are entitled to summary adjudication as to the followingissues: Page 1 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54 Issue No. One - Plaintiffs’ first cause of action in their Complaint for declaratory relief fails because Plaintiffs are not entitled to a prescriptive easem*nt as a matter of law. Issue No. Two - Plaintiffs’ second cause of action in their Complaint for an injunction fails because Plaintiffs are not entitled to a prescriptive easem*nt as a matter of law. Issue No. Three – Defendants are entitled to summary adjudication as to their first cause of action to quiet title in their cross-complaint because Defendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt. Issue No. Four – Defendants are entitled to summary adjudication as to their second cause of action for declaratory relief in their cross-complaint because Defendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.(Id. 2:9-18.)Since Defendants filed the instant motion on June 20, 2023, Plaintiffs have filed an amendedpleading. Accordingly, Plaintiff’s original complaint, at which the motion is directed, is nolonger operative. On this basis the motion for summary judgment as to Plaintiffs’ complaint isDENIED. The motion for summary adjudication as to issue nos. 1 and 2, also directed at claimsin Plaintiffs’ complaint, is likewise DENIED.The Court now addresses whether Defendants are entitled to summary judgment as to their cross-complaint, or in the alternative, summary adjudication as to issue nos. 3 or 4.Undisputed Material Facts [“UMF”]Defendants assert UMF nos. 1-6 in support of their motion as to issue nos. 3 and 4.Plaintiffs own the residential home at 2031 Maple Glen Road. (UMF 1.) Defendants own theresidential home at 2041 Maple Glen Road. (UMF 2.) The properties are adjacent to each otherand share a fence-line composed of “a split rail fence, a taller solid fence, brick column, and achain-link fence.” (UMF 3.) Defendants claim the fence-line is not on the legal boundary lineand encroaches on Defendants’ property. (UMF 4.) Plaintiffs dispute, arguing the fence reflectsthe legal boundary, and aerial photographs as far back as 1953 reflect the current fencing is in thesame location as the original fencing placed by the developers.Plaintiffs submit Additional Material Facts [“AMF”] nos. 1-22 in opposition.To the extent the parties’ responses to UMFs purport to assert objections to evidence, suchobjections are overruled because CRC Rule 3.1354(b) states that objections to evidence shall beset forth in a separate document and must inter alia quote or set forth the objectionable statement Page 2 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54or material.Legal StandardIn evaluating a motion for summary judgment and/or summary adjudication, the Court engagesin a three-step process.First, the Court identifies the issues framed by the pleadings. The pleadings define the scope ofthe issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231Cal.App.3d 367, 381-382.) Because a motion for summary judgment is limited to the issuesraised by the pleadings (Lewis v. Chevron (2004) 119 Cal.App.4th 690, 694), all evidencesubmitted in support of or in opposition to the motion must be addressed to the claims anddefenses raised in the pleadings. The court cannot consider an unpleaded issue in ruling on amotion for summary judgment. (Roth v. Rhodes (1994) 25 Cal.App.4th 530, 541.) The papersfiled in response to a defendant’s motion for summary judgment or summary adjudication maynot create issues outside the pleadings and are not a substitute for an amendment to thepleadings. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334,1342.)Next, the Court must determine whether the moving party has met its burden. A defendantmoving for summary judgment bears the burden of persuasion that one or more elements of theplaintiff’s cause of action cannot be established, or that there is a complete defense to the causeof action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 [quoting Code Civ. Proc.,§ 437c, subd. (p)(2)].)Once the moving party has met its initial burden, the burden shifts to the opposing party to showthat a material factual issue exists as to the cause of action alleged or affirmative defenseclaimed. (Code Civ. Proc., § 437c, subd. (p); see, generally, Bush v. Parents without Partners(1993) 17 Cal.App.4th 322, 326-327.)Finally, in ruling on the motion, the Court must consider the evidence and inferences reasonablydrawn therefrom in the light most favorable to the opposing party. (Aguilar, supra, at 843.)Summary judgment is properly granted only if the moving party’s evidence establishes that thereis no issue of material fact to be tried. (Lipson v. Super. Ct. (1982) 31 Cal.3d 362, 374.)DiscussionIssues No. 3 and 4Defendants contend they are entitled to summary adjudication as to their first cause ofaction to quiet title in their cross-complaint because they own the Wedge and Plaintiffsdo not have a prescriptive easem*nt. Page 3 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54The first cause of action in the Cross-Complaint is premised on the following allegations: The area between the legal boundary and portions of a fence separating the properties forms a wedge. Fencing encloses the wedge area of the Property as though it is part of Cross-Defendants' property, thereby preventing Cross- Complainants access to that portion of their Property. On or around June 30, 2021, Cross-Complainants informed Cross-Defendants of their intent to tear down the fencing that separates their properties and erect a new fence along the legal boundary line between the properties. Cross-Defendants now contend that they have a prescriptive easem*nt over the wedge area.(Cross-Complaint ¶¶ 10-12.)A motion for summary judgment or adjudication is framed by the pleadings. Thepleadings define the scope of the issues on a motion for summary judgment or summaryadjudication. (FPI Dev. Inc., supra, at 381-382.) Because a motion for summaryjudgment or summary adjudication is limited to the issues raised by the pleadings (seeLewis, supra, at 694), all evidence submitted in support of or in opposition to the motionmust be addressed to the claims and defenses raised in the pleadings. Since Defendantsfiled the instant motion, Plaintiffs have filed an amended complaint, no longer asserting aprescriptive easem*nt theory. Because the motion for adjudication is directed at a claimthat is no longer being asserted, it must be DENIED.Similarly, Defendants contend they are entitled to summary adjudication as to theirsecond cause of action for declaratory relief in their cross-complaint because Defendantsown a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.The second cause of action in the Cross-Complaint is premised on the followingallegations: An actual controversy has arisen and now exists between Cross-Complainants and Cross-Defendants concerning their respective rights to the wedge area of the Property. Cross-Complainants assert that Cross-Defendants have no right to the wedge area of the Property. Cross-Defendants assert that they have a prescriptive easem*nt over the wedge area of the Property.(Cross-Complaint ¶ 17.)Again, the Cross-Complaint is premised on allegations Plaintiff is no longer asserting.Accordingly, the summary adjudication is DENIED.DispositionThe motion for summary judgment/adjudication is DENIED in its entirety, without prejudice, for Page 4 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54the foregoing reasons.The Court need not rule on Defendants’ objections to evidence as they were not material to theCourt’s disposition of the motion. (Code Civ. Proc. §437c(q).)The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 orfurther notice is required.NOTICE:Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on thiscalendar must comply with the following procedure:To request limited oral argument, on any matter on this calendar, you must call the Law andMotion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before thehearing and advise opposing counsel. At the time of requesting oral argument, the requestingparty shall leave a voice mail message: a) identifying themselves as the party requesting oralargument; b) indicating the specific matter/motion for which they are requesting oral argument;and c) confirming that it has notified the opposing party of its intention to appear and thatopposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If norequest for oral argument is made, the tentative ruling becomes the final order of the Court.Unless ordered to appear in person by the Court, parties may appear remotely eithertelephonically or by video conference via the Zoom video/audio conference platform with noticeto the Court and all other parties in accordance with Code of Civil Procedure §367.75. Althoughremote participation is not required, the Court will presume all parties are appearing remotely fornon-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear onZoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NOCOURTCALL APPEARANCES WILL BE ACCEPTED.Parties requesting services of a court reporter will need to arrange for private court reporterservices at their own expense, pursuant to Government code §68086 and California Rules ofCourt, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy forOfficial Reporter Pro Tempore available on the Sacramento Superior Court website athttps://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved OfficialReporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.pdf. Page 5 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to besigned by each party, the private court reporter, and the Judge prior to the hearing, if not using areporter from the Court’s Approved Official Reporter Pro Tempore list.Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiverand requests a court reporter, the party must submit a Request for Court Reporter by a Party witha Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearingor at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerkwill forward the form to the Court Reporter’s Office and an official reporter will be provided. Page 6 of 6

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Federal National Mortgage Association Fannie Mae A Corporation Organized And Existing Under The Laws Of The United States Of America v. Gloria Hernandez, Robinson Gonzalez

Mar 16, 2017 |John H. Rouse |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |604788/2017

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Nationstar Mortgage Llc v. Beth M Glennerster, Heath Glennerster, John Does And Jane Does

Jan 22, 2015 |James Hudson |Foreclosure (residential mortgage) |Foreclosure (residential mortgage) |600643/2015

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Reverse Mortgage Solutions, Inc. v. Marton Jansen, Secretary Of Housing And Urban Development, John Doe, Jane Doe

Mar 11, 2016 |Joseph A. Santorelli |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |603884/2016

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Finance Of America Reverse Llc v. Brian Joseph Dineen, As Trustee, Or His Successors In Trust, Under The Daniel J. Dineen Protection Trust, Dated May 9, 2017, United States Of America Acting On Behalf Of The Secretary Of Housing And Urban Development, New York State Department Of Taxation And Finance, United States Of American Acting On Behalf Of The Department Of Treasury - Internal Revenue Service, John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises

Nov 09, 2023 |FORECLOSURE CONFERENCE JUSTICE |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |628329/2023

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Jan 17, 2018 |James Hudson |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |600957/2018

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Select Portfolio Servicing, Inc. v. U.S.A. Mortgage Bankers Of America, Inc.

Oct 25, 2017 |William B Rebolini |Real Property - Other (Discharge/Satisfied Mtg.) |Real Property - Other (Discharge/Satisfied Mtg.) |621094/2017

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The Bank Of New York Mellon F/K/A The Bank Of New York, As Trustee For The Certificateholders Of The Cwalt, Inc., Alternative Loan Trust 2006-Oc10, Mortgage Pass-Through Certificates, Series 2006-Oc10 v. Angelina Carcione, Mortgage Electronic Registration Systems, Inc., As Mortgagee, As Nominee For Wilmington Finance, Inc., Its Successors And Assigns; Slomin'S, Inc., People Of The State Of New York, Town Supervisor Of The Town Of Brookhaven, State Of New York, Maria Rodriguez

Jun 02, 2023 |Susan B |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |613991/2023

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Federal National Mortgage Association (Fannie Mae), A Corporation Organized And Existing Under The Laws Of The United States Of America v. John Madden, Commissioner Of Social Services Of Suffolk County, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein, And Any Parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises

Mar 26, 2018 |Thomas Whelan |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |605609/2018

EXHIBIT(S) - j (Motion #002) - affidavit of service September 16, 2022 (2024)
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