SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OTSEGO INDEX #932/14 FILED: 6/3/2015 SUPPLEMENTAL SUMMONS AND NOTICE. Plaintiff designates Otsego County as the place of trial. Venue is based upon the County in which the mortgage premise is situated. BANK OF AMERICA, NATIONAL ASSOCIATION Plaintiff(s), against, TIMOTHY BANKICH, CHRISTOPHER BANKICH, Unknown heirs at law of ANTHONY BANKICH, and if they be dead, any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or generally or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of who and whose names, except as stated, are unknown to plaintiff, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, "JOHN DOE #1" through "JOHN DOE #12", the last twelve 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, Defendant(s). TO THE ABOVE NAMED DEFENDANTS: NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEYS 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, NATIONAL ASSOCIATION AND FILING THE ANSWER WITHIN THE COURT. 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 serviced with this summons, to serve a notice of appearance on the Plaintiff`s attorney within 20 days after the service of this summons, exclusive of the day of service or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York; The United States of America, if designated as a Defendant in this action, may appear within (60) days of service thereof and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT: THE OJBECT of the above captioned action is to foreclose on a mortgage which was recorded on the office of the Clerk of the County of Otsego where the property is located on October 27, 2010 recorded Document 2010-5023, in the office of the Clerk of the County of Otsego. Said mortgage was then assigned to BANK OF AMERICA, NATIONAL ASSOCIATION, by assignment of mortgage which was dated April 8, 2014 and the assignment of which was recorded on April 14, 2014 at the Clerk`s office where the property is located covering premises known as 20 MADISON AVE, ONEONTA, NY 13820 (Section: 031 Block: 10 Lot: 20.0/462). The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt described above to the above named Defendants: The foregoing summons is served upon you by publication pursuant to an order of the Hon. Michael V. Coccoma, an Acting Justice of the Supreme Court of the State of New York dated May 11, 2015 and filed along with the supporting papers in the office of the Clerk of the County of Otsego. This is an action to foreclose on a mortgage. ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the County of Otsego and State of New York. SECTION: 031 BLOCK: 10 LOT: 20.0/462 said premises known as 20 MADISON AVE, ONEONTA, NY 13820. YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By reason of the default in the payment of the monthly installment of principal and interest, among other things, as hereinafter set forth, Plaintiff, the holder and owner of the aforementioned note and mortgage, or their agents have elected and hereby accelerate the mortgage and declare the entire mortgage indebtedness immediately due and payable. The following amounts are now due and owing on said mortgage, no part of any of which has been paid although duly demanded. Entire principal Balance in the amount of $77,527.42 with interest from January 1, 2014. UNLESS YOU DISPUTE THE VALDITY OF THE DEBT, OR ANY PORTION THEREOF, WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT HEREOF THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THE DEBT OR JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BE MAILED TO YOU BY THE HEREIN DEBT COLLECTOR. IF APPLICABLE, UPON YOUR WRITTEN REQUEST, WITHIN SAID THIRTY (30) DAY PERIOD, THE HEREIN DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME, ADDRESS OF THE ORIGINAL CREDITOR. IF YOU HAVE RECEIVED A DISCHARGE FROM THE UNITED STATES BANKRUPTCY COURT, YOU ARE NOT PERSONALLY LIABLE FOR THE UNDERLYING INDEBTEDNESS OWED TO PLAINTIFF/CREDITOR AND THIS NOTICE/DISCLOSURE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY. HELP FOR HOMEOWERS IN FORECLOSURE New York State 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, there are government agencies, and non-profit organizations that you may contact for information about possible options, including trying to work with our lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by New York State Banking Department at 1-877-Bank-NYS or visit the Department`s website at www.banking.state.ny.us 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. Section 1303 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving the 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 may 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 AN ANSWER WITH THE COURT. Leopold&Associates, PLLC, 80 Business Park Drive, Suite 110, Armonk, NY 10504. Our file #BANKICH
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