SUMMARY OF CRITICAL CONTROLLING DOCUMENTS
For the ease of the Court All the summarized documents were
submitted to the lower court as exhibits in motions, their original
location is on the record at the indicated page number.
Certification of Loan Payoff..(Plaintiff)...............05-23-05 409
proof that the mortgage being foreclosed and the
basis of the entire action was upon paid mortgage
(Annexed Page 174)
Notice of Satisfaction..(Plaintiff).....................05-24-05 410
Notice to Defendants that satisfaction of original
mortgage would be filed with the County Clerk, but
never filed , and was in violation of RPAPL 1921 and
N.Y. Jur.2d Mortgages Section 375.
(Annexed Page 175)
Payoff of Loan..(Plaintiff).............................05-03-05 411
Acknowledgement from Wells Fargo of amount to be
paid off- faxed at closing time
(Annexed Page 176)
Mortgage to be Forclosed..(Plainitff)...................12-20-06* 412
Page from "title search" showing paid off mortgage
was to be foreclosed. (Annexed Page 173)
Certification of Foreclosure..(Plaintiff)...............10-01-06 413
Proof that the within foreclosure action was initiated
months before Defendants were in default or had notified
Wells Fargo requesting working arrangement for selling
the property, as the title search for foreclosure was
completed and Certification was signed on October 1, 2006
(Annexed Page 331)
Notice from Wells Fargo..(Plaintiff)...................11-22-06 418
Notice that matter was being turned over to the Baum Law
Firm, November 22, 2006, over seven and a half
weeks after the Baum Law Firm began foreclosure
action. (Annexed Page ___)
Notice of Pendency..(Plaintiff)........................12-14-06 414
This is filed proof that Plaintiff is foreclosing
on a fully paid off mortgage. (Annexed Page 177)
Service of Summons & Complaint..(Plainitff)............12-20-06 415
This did not include the already filed lis pendens
(Annexed Page 181)
Assignment of Mortgage..(Plainitff)....................12-20-06* 416
This Assignment "effective as of the 1st day of
December 2006" notarized "On the_20th_day of_December_
in the year _2006..." was not filed until January 10, 417
2007. Defendants asserted this was backdated after
issue was raised in Defendants Cross Motion A - ____.
(Annexed Page 178, 134, filed on 136) * Actually 01-10-07
Minutes of the Court..(Clerk)..........................10-03-07 419
Printout of Minutes showing that no motion was
entered, paid for or filed regarding the faxed
motion to chambers resulting in the Amended
Decision and Order. (Annexed Page 181)
&l0H
CONSOLIDATED MORTGAGE
This is the only legal surviving mortgage
Consolidated Mortgage Agreement..(Plaintiff)...........05-16-05 420
Proof of creation
(Annexed Page 184)
Consolidated Agreement Terms..(Plaintiff)..............05-16-05 421
Terms of the agreement
"This means that all the lender's rights in the
Property are combined so that under the law Lender
has one mortgage and I have one loan obligation..."
(Annexed Page 185, executed signatures Page 187) 422
Consolidated Mortgage excerpts..(Plaintiff)............11-16-05 423
Extracted critical pages from the signed and fully
executed Consolidated Mortgage which was presented
as a contract of adhesion at closing, which assured
Defendants that it was the only surviving mortgage.
This Mortgage is still in existance and believed to
be in the hands of Plaintiff and could be foreclosed
on at any time for the same reasons Plaintiff has
put forth as the basis for the instant foreclosure
action.
(Annexed Page 194)
Consolidated Mortgage signatures..(Plaintiff)..........11-16-05 424
(Annexed Page 213/214) 425
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