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SHORT FORM ORDER INDEX No. 44601/09

SUPREME COURT - STATE OF NEW YORKIAS PART 28 - SUFFOLK COUNTY

P R E S E N T :Hon. MA RK D. COHEN APPLICATION FOR AN

Acting Justice of the Suprem e Court ORDER OF REFERENCE#001 - MD

. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . X

DEUTSCHE BANK NATIONAL TRUST COMPANY ,AS INDENTURE TRUSTEE FOR NEW CENTURYHOME EQUITY LOAN T RU ST SERIES 200601,

DRUCKMAN LA W GROUP PLLCAttorneys for P laintiff242 Drexel AvenueSuite 2Westbury, Ne w York 11590

Plaintiff,

- against -

DIANA CAPDEVILLA, NE W C ENTURY MORTGAGECORPORATION, JOHN DOE 1 to JOHN DOE 25,said names being fictitious, the person s or parties intendedbeing the persons, parties, corpora tions or entities, if any,having or claiming a n interest in or lien upon themortgaged premises described in the com plaint,

Defendants.X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Upon the following papers numbered I t o x r e a d on this ex-parte application for an order o f reference: Application andsupporting papers 1 - 9 ; Answering Affidavi ts and suppor ti ng p a p e r s x ; Reply ing Affidavits and supporting papers 0 ;Other 0 ; t is,

ORDERED that this ap plication by plaintiff for an order of reference in this foreclosure action ishereby denied without prejud ice and w ith leave to resubmit upon prop er paper s, for the following reason:The plaintiff is directed to sub mit evidentiary proofas to whether or not the mo rtgagor defendant, DianaCapdevilla, wasa resident o f the mortgaged property in foreclosure at the tim e of the service of thesum mo ns and complaint, as well as evidentiary proof of such defendants present residence address andcontact information; and it is further

ORDERED that the plaintiff shall be given Sixty (60) days from the date this Order is signed bythe Court to submit the doc um entation as directed and if the renewal( seq. #002 ) motio n is not submittedwithin that time period is shall be deemed den ied and the action dismissed without prejudice due topla inti ffs failure to obey a direct Orderof this Court and the dismissal shall be withou t a further

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Deutsche Bank v CapdevillaIndex # 44601/09Page 2

Order of this Co urt; and it is further

ORDERED that plaintiff shall ann ex a copy of this Order to any motion resubm itted pursuant tothis Order ; and it is further

ORDERED that with regard to any future applications by the plaintiff, if the Court determinesthat such app lications have been s ubm itted without proper regard for the applica ble statutory and caselaw, or without regard fo r the required proofs de lineated herein, the Court may , in its discretion, denysuch applications with prejudice and/or impose sanctions pursuant to 22 N YC RR 9130-1, and may denythose costs and attorneys fees attend ant with the filing of such future applications.

In this foreclosure action, comm ence d on Novembe r 13, 2009, the plaintiff alleges that thedefendant-homeowner D iana Cap devilla( hereinafter Capdevilla ), defau lted in paying a subprime loandated March 3 ,20 06 , which was secured by a mortgage on the premises located at 3 0 Spar Drive, MasticBeach, Ne w Y ork 119 51. According to the affidavit of the process server, Kevin Zucker( hereinafterZucker ) dated January 6, 20 10, Capdevilla was served pursuant to CPLR 308( 4) at 30 Spa r DriveMastic Beach, New York o n Thursday, Decem ber 3 1, 2009 at5:45 p.m. T he a ffidavit was filed on January8,2 01 0. Zucker had tried to effect service on Capdevilla at 30 Spar Drive, Mastic Beach, New Y ork onthree previous days, namely Saturday, Novem ber 2 1,2 00 9, at 12:15 p.m,; Friday, November 27 ,20 09 at7: 15 a.m. and M onday, De cember 14 ,2 0 09 at 6:OO p.m. before resortingto service by CPLR 308(4).

The Court in reviewing the co urts computerized records to assist in process ing the Order ofReference noted that a notice regarding a settlement conference was sent to Ca pdevilla at the mortgagedpursuant to the recently enacted foreclo sure statutes. The computerized record s indicate that a notice wassent to the defendant mortgagor at30 Spar Drive, Mastic Beach,NY 1195 1. That notice wa s returned bythe postal service , marked moved, left no address. This returned e nvelope was sent to the County Clerkon 2/22/10, less than a m onth after the purported service..

It is this Cou rts protocol to have a HA MP affidavit submitted with the Order of Reference. Thiswas requested and provide d by plaintiff. Th e notarized HAM P affidavit states that the defendantmortgagor is ineligible for the program b ecaus e the property is not borrowers primary residence.Whe ther the premises w as occupied by Capdevillas as her primary residence o n the dated of service orshe subsequently move d cannot be disc erned from the affidavit nor does plaintiff set forth the basis of itsknowledge.

The Court finds in its review of the submitted Order of Reference and the documentation presentedtherein, that there is a question as to whe ther the defendant mortgagor was actually residing at themortgaged premises at the time of the alleged service, particularly as the service w as pursuant to CPLR308 (4). Thus a narrow [but important] issue has been raised which c auses concern to the Court and mustbe addressed by the plaintiff as to whethe r or not that at the time of the a lleged serv ice, the defendantmortgagor was actually in residence at the mortgaged premises and not an out of possession owner.

Plaintiff is given notice in this Order that the a ttorney for the plaintiff shall file an Affirmation as

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Deutsche Bank v CapdevillaIndex # 44601/09Page 3

directed by the Order of the Ch ief Administrative Judge of the State of New York dated October20,2010.Said Affirmation shall be either sub mitted with this Order if renewed or thence with any future applicationfo r an Order of Reference.

Accordingly, plaintiffs application for an order of reference is denied without prejudice to renewforthe reason noted herein and the ord erof reference is marked not signed he plaintiff shall be given Sixty(60) Days of the date this Orde r is signed by the Court to subm it the documentation as set forth herein andif the renewal ( seq. #002 ) motion is not submitted within that time period is shall be deemed denieddenied and the action dismissed w ithout prejudice d ue to pla int iff s failure to obey a direct Order of thisCourt and the dismissal shall be without a further Order of this Cou rt. his constitutes the Order andDecision of the Court.

Dated: klb&( 2010

HON. MARK D . C O H E N

FINAL DISPOSITION X NON-FINAL DISPOSITION

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SHORT FORiM ORDER

INDEXNO.: 1139-08

SUPREME COURT - STATE OF N EW YORKIAS PART 28 - SUFFOLK COUNTY

PRESENT: H&. MARK D. COHENJustice of the Supreme Court

X

WORLD SAVINGS BANKFSB,

Plaintiff, .-d

-against-

WILLIAM GIACONE; CYNTHIA NANCE;MORTGAGE ELECTRONIC REGISTRATIONSYSTEMS, INC.,ACTING SOLELY AS A

to JOHN DOE 25, said names being fictitious,the persons or parties intended being the persons,parties, corpora tions or entities, if any, havingor claiming an interest in or lien upon themortgaged prem ises described in the complaint,

NOMINEE FOR E-LOAN, INC.JOHN DOE 1

Defendants,

APPLICATION FOR A NORDER OF REFERENCE#00 1- MD

DRUCKMAN LAW GROUPAttorneys for Plaintiff24 2 Drexel AvenueSuite 2

Westbury, N. Y. 1 1590

U p on t h e f ol lo w in g pa p er s nu m be re d 1 t o L r e a d on this ex-parfeapplica tion for an ord er of reference: Applicationand supporting papers 1 - 5 ; Ans werin g Affidavits and supp orting papers-; Replyin g Affidavits and supporting papers-; Other Letter - 6 ;-it is,

ORDERED that the app lication for an orde r of reference an d sale is denied without prejudiceto renew; an d it is further

ORDERED that the plaintiff is directed to provide information o n whether compliance withthe Hom e Affordable Mo dification Program is required and/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcem ent09-05 withthe guidelines promulgated by the Departmentof the Treasury, effective March 4, 2009, adetermination of a m odification of the loan involved in this foreclosure action is required. Therefore,the plaintiff is required to subm it proof by a n affidavit or affirmation bya person with knowledge of

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World Savings v GiaconeIndex No.: 08-113 9Pg. 2

the facts (a) whether the subject loan is eligible for review of the Home Affordable ModificationProgram (H AM P); (b) whether there has been compliance with the HA M P regulations/guidelines;and/or (c) whether the Plaintiff is prevented from proceeding with the instant foreclosure action byreason of the federal HAMPregulations/directives/guidelines.

HON. MARK D. COHEN


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INDEX N o. 1495109

SUPREME COURT - STAlE OF N E W YORKIAS PART 28 - SUFFOLK COUNTY

P R E S E N T :

I-Ion. MAR K D .C O H EN APPLICATION FOR ANActing Justice of the Sup reme Court ORDER OF REFERENCE

#001 - MD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X RERKMAN, I-IENOCH,FlRSr FRAN KIJN FINANCIAL CORPORATION , PETERSON& PEDDY, P.C.

Attorneys for Plaintiff100 Garden City PlazaGarden City, New York 1 1530laintiff,

- against -

PATRICIA VITALE,.JOHN DOE f f 1 through JOHN DOE # 12 , thelast twelve names being fictitious and unknown toplaintiff, the persons or parties intended being thetenants, occupants, persons or corporations, if any,having or claiming an interest in or lien upon thepremises, described in the complaint,

Upon the fo l lowing papers numbered 1 t o c r e a d on th i s ex-parte applicat ion fo r an order of reference: Applicat ion andsupport ing papersO t h er L ; - i t s,

1 - 12 ; A n sw e r in g A ff id av it s a n d su pp or ti ng p a p e r s 2 ; Replying Affidavits and suppor t ing papers 0 ;

ORDERED that the application for an order of reference and saleis denied without prejudice torenew; and i t is further

ORDERED that th e plaintiffis directed to provide information on whether compliancewith theJ

lome Affordable Mod ification Program is required and/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcement09-05 with th eguidelines promulgated by the Department of the lreasury, effective March4, 009, a determination of amodificationof the loan involved in this foreclosure action is required. Therefore, the plaintiff isrcquired tc3 submit proof by an affidavit or affirm ation bya person with knowledge of the facts (a)whether the subject loan is eligible for review of the Hom e Affordable M odification ProgramIHAMP);(b) whether there has been compliance with the H AM P regulations/guidelines; and/or whether the

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Plaintiff'is prevented from proceeding with the instant foreclosure actionby reason of the federal HAMP

regulations/directives/guidelines.

Accordingly the application for an order of referenceis denied without prejudice for the reasonstated in this Order. A copy of this Order and all submitted documentation shallbe submitted with anyfuture application (s ) fo r an order of reference. The orderof reference is marked not signed. Thisconstitutes the Order and decision of the Court.

Dated: 010

NON. MARK D. OMEN

FINAL D ISPOSITION X NON-FINAL DISPOSITION

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SI1ORT k O R M ORDER INDEX No.02180/10


P R E S E N T :

Hon. MARK D.COHENActing Justice of the Supreme Court

Plaintiff,

APPLlCATION FOR ANORDER OF REFERENCE#001 - MD

FRENKEL, LAMBERT, WEISSWEISMAN & GORDON, LL PAttorneys for Plaintiff20 West Main Street

Bay Shore, New York 11706- against -

Angelo M altese d M a Angelo Maltese, CollenMclntyre, and JOHN DO E# 1 through JOHNDOE # lo, the last ten names being fictitious andunknow n to the plaintiff, the person or partiesintended being the person or parties, if any, havingor claiming an interest in or lien upon the mortgagedpremises described in the com plaint,

Upon the following papers numbered I t o 4 r e a d on this ex-parte application for an order of reference: Application andsupporting papersOther 0 ; t is,

1 - 15 ; Answering Aff idavits and support ing p a p e r s A ; Replying Affidavits and supp orting papers 0 ;

ORDERED that the application for an order of referen ce and sale is denied without prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide information on whether compliance with theHome Affordab le Modification Program is required and/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcement09-05 with theguidelines promulgatedby the Departmen t of the Treasu ry, effective March4,2009, a determina tion of amodification of the loan involved in this foreclosure action is required. Therefore, the plaintiff isrequired to subm it proof by an affidavit or affirmation by a person with knowledge of the facts (a)whether the subject loanis eligible for review of the Home Affordable Modification Program(HAMP);(b) whether there has been compliance with the HAM P regulations/guidelines; an d o r whether thePlaintiff is prevented from pro ceeding with the instant foreclosure action by reason o f the federal HAMP

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One West Bank v MalteseIndex No.: 02180/10Pg . 2

regulationsldirectiveslguidelines.

Accordingly the ap plication foran order of reference is denied without prejudice for the reasonstated in this Order. A copy of this Order and all subm itted docum entation shall be submitted with anyfuture application (s) for an order of reference. The orderof reference is marked not signed. Thisconstitutes the Order and decisionof the Court.

Dated: 010

HON. MARK D.COHEN


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SUPREME COURT- STATE OF NEW YORKIAS PART 28 - SUFFOLK COUNTY

P R E S E N T :

Hon. MARK D. COHEN APPLICATION FOR ANActing Justice of the Suprem e Court ORDER OF REFERENCE

#001 - MD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X FRENKEL, LAM BERT, WEISSWells Fargo Bank , N.,4. as Trustee for the Holders ofSASC O 2007-M LN1, Attorneys for Plaintiff

WEISMAN& GORDON,LLP

Plaintiff, 20 West M ain StreetBay Shore, Ne w York 11706

- against -

David Camacho, M ortgage Electronic RegistrationSystems, Inc., acting solely as a no minee for M ortgageLenders Network,USA, Inc., its succes sors and assigns,Michael J. Grant Funeral Homes, Inc.., andJOHNDOE # 1 through JOHN DOE #l o , the last ten namesbeing fictitious and ur kn ow n to the plaintiff, the personsor parties intended being the perso ns or parties, if any,having or claiming an interest in or lien upon themortgaged premises described in the complaint,

Defendants.

X

Upon the following papers nu mbered1 to 3 ead on this ex parte m otion by the plaintiff for anorder of reference: Proposed order and supporting papers 1 - 1 1 ; Notice of Cross Motion andsupporting papers 0 ; Ans werin g Affid avits and supporting paper s 0 Replying Affidavitsand supporting papers , and the aforesaid having been submitted to the undersigned, and with d ueconsideration and deliberation it is,

0

ORDERED that plai nti ffs application (seq. #OOl) for an orderof reference in this foreclosureaction is denied, without prejudice w ith leave to renew upon proper pap ers for the following reason:plaintiff ha s failed to submit a certificate of conformity, relating to an ou t of state affidavit of service onDavid Camacho on February 12, 2009, as required by CPLR 2309 [c] andRPL 299-a.[1].

In this residential foreclosureaction, the plaintiff comm enced thi s forec losure action by filingasumm ons and complaint on February 6, 20 09 alleging that the defendant-mo rtgagor David Camachohereinafter Camacho) defaulted in repaying a note and mortgage regarding the premises located at3 2

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Wells Fargo v CamachoIndex No.: 4550/099Page 2

Evergreen Avenue, Brentwood, New York117 17

In support of the application for the order of reference, the plaintiff has submitted an affidavit ofservice sworn to on February 13 ,20 09 by Gene NcNabb( hereinafter NcNabb) wherein he affirmsthat he served Camach o pursuantto CPL R 308 (2) by serving him w ith the summ ons and complaint at1814 East 99 thAvenue, Tam pa, Florida, 3361 2 on February 12 ,20 09 at 6: 15 p.m. NcN abbs affidavitwas subscribed within the State of Florida before an alleged notary public, who affixed her signatureandnotary st am p indicating her in licensure in the State of Florida to the affidavit of service immediatelybelow the signature of NcNab b.

CPLR 2309[c] states that:

[aln oath or affirm ation taken without the state shall be

treated as if taken w ithin the state if it is accom panied bysuch certificate or certificates as wo uld be required toentitle a deed ac know ledged without the state to berecorded within the state if such deed had beenackno wledg ed before the officer who administeredthe oa th or affirmation.

To be adm issible, the out of state affidavit must com ply with CPL R 230 9 [c] and beaccompanied by a certificateof conformity(see Real Property Law 299-a[1];PRA III, LLC v Gonzalez,54 AD3 d 917 , 864 NY S2d 140 [2d Dept 20081). Furthermore, RPL $299 -a [l ] requires that suchcertificate be made by either: a) an attorney licensed in the State of Ne w York, who resides in the state

where the acknow ledgment or proof is taken; b) an attorney admitted in the state where the proof istaken; or c) by any other person deemed qualified by any courtof the State of New York, if, in anyaction pendin g before such court, it is deem ed necessary to d etermine if such acknowledgm ent conform swith the law sof such state, or by the suprem e court of the State of New York, on application for suchdetermination. The justice, judge, surrogateor judicial officer shall appendto the acknowledgm ent thathe or she dee med such person qualified to m ake such certificate.

In the instant action, the affidavitof service was not subscribe d to by an attorney licensed in theState of Florida, or by an attorney licensed in the State of New York who is a resident of the State ofFlorida. Further, the plaintiff has not ask ed for a judicial dete rminatio n that the person was qualifiedto make the certification in question.

Although there are cases that stand for the proposition that the lackof a certificate of conformityfor an outof state affidavit is a wa ivab le, non-fatal de fect(see Greaf Seneca Financial Inc., v Khanna,18 Misc 3d 138 (A), 859 NYS 2d 895[ Ap p Te rm, 2d Dept. 20081) those cases do not involve anaffidavit of service, which goes to the issue of jurisdiction over the defendant. A certificate ofconformity is an absolute require me nt if the ou t of state affidavit is an affidavit of service( s e e Rayfsin vDiscover Bank, N.A., 6 Misc3d 48 ,7 90 NYS2 d 808 [App Term, 2d Dept 20041).

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SIlORT I*ORMOKDFR INDEX No.05 142/10


P R E S E N T :

Hon. MARK D. COHENActing Justice of the Supreme Court

Plaintiff,

APPLICATION FOR ANORDER OF REFERENCE#001 - MD

FRENKEL, LAMBERT, WEISSWEISMAN & GORDON,LLPAttorneys for Plaintiff20 West Main StreetBay Shore, New York 11706

- against -

Konstantin Kefallinos, IndyMacBank, F.S.B., andJOHN DOE #1 through JOHN D OE # l o , helast ten manes being fictitious andunknown tothe plaintiff, the person or parties, if any, havingan interest in or lien upon the mortgaged premisesdescribed in the complaint,

Defendants.

Upon the following papers numbered I t o L r e a d on this ex-parte application for an order of reference: Application an dsupporting papersOther L ; - i t s,

1 - 13 : Answering Affidavits and supporting p a p e r s L ; Replying Affidavits and supporting papers 0 ;

ORDERED that the application foran order of reference and sale is denied w ithout prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide information on whether com pliance with theHom e Affordable Modification Program is required and/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcement 09-05 with theguidelines promulgated by the Department of the Treasury, effective March 4,2 00 9, a determination of amodification of the loan involved in this foreclosure action is required. Therefore, the plaintiff isrequired to submit proof byan affidavit or affirmation bya person with knowledge of the facts (a)whether the subject loan is eligible for review of the Hom e Affordable Modification Program (HAMP);(b) whether there has been compliance with the HAM P regulations/guidelines; and/or whether thePlaintiff is prevented from proceeding with the instant foreclosure action by reason of the federal HAM Pregulations/directives/guidelines.

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One West BunkIndex N o. 05142/10Page 2

According ly the application foran order of reference is denied without prejudice for the reasonstated in this Order. A copy of this Order and all submitted documentation shall be subm itted with anyfuture application(s) for an order of reference. The orderof reference is marked not signed . Thisconstitutes the Order and decisionof the Court.

Dated 2010

HON. MART( D. COHEN


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SHORT FORM ORDER INDEX No.5570/10


P R E S E N T :Hon. MA RK D. COHEN APPLICATION FOR AN

Acting Justice of the S uprem e Court ORDER OF REFERENCE#001 - MD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X BERKMAN, HENOC H, PETERSONBAC HOME LOANS SERV ICING, LP, & PEDDY, P.C.

Attorneys for PlaintiffPlaintiff, 10 0 Garden City Plaza

Garden City, Ne w York 11530

- against -JUAN CONTRERAS, SONIA MALDONADO.EUROPEAN A MERICAN BAK, ASSETACCEPTANCE LLC, N EW YORK STATEDEPARTMENT OF TAXATION AND FINANCE,UNITED STATES OF AM ERICA (EASTERNDISTRICT ), DISCOVER BANK, HUNTINGTONHOSPITAL, PEOPLE OF THE STAT E OF NEWYORK, JOHN DOE # 1 " through JOHN DOE#12, " the last twelve names, being fictitious and

unknown to plaintiff, the persons or partiesintended being the tenants, occupants, personsor corporations, if any, having or claim inganinterest in or lien upon the premises described in thecomplaint,

Defendants.

Upon the following papers numbered 1 t o 6 r e a d on this ex-parte application for an order of reference: Application andsupporting papersOther 0 ; t is,

1 - 12 ; Answering Aff idavits and support ing p a p e r s l ; Replying Aff idavits and supporting papers 0 ;

ORDERED that the application for an order of reference and sa le is denied w ithout prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide information on whether com pliance with theHome Affordable Modification Program is required and/or has occurred.

Pursuant to the H ome A ffordable Modification Program, and the Announcem ent09-05 with theguidelines promulgated by the Department of the Treasury, effective March4,2 00 9, a determination of amodification of the loan involved in this foreclosure action is required. There fore, the plaintiff is

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BAC v Contreraslndex No.: 5570/10Pg. 2

required to submitproof by an affidavit or affirmation by a person with knowledge of the facts (a)whether the subject loan is eligible for review of the Hom e Affordable M odification Program(HAM P); (b) whether there has been com pliance with the HA MP regulations/guidelines; and/or

whether the Plaintiff is prevented from p roceedin g with the instant foreclosure action by reason of thefederal HAM P regulations/directives/guidelines.

Accordingly the app lication for an order of reference is denied without prejudice for the reasonstated in this Order. A copy of this Order and all submitted documentation shall be submitted with anyfuture application(s) fo r an order of reference. Th e order of reference is marked not signed. Thisconstitutes the Order and decisionof the Court.

Dated: 2010


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StIOKT FORM ORDFK INDEX No. 06851/09


P R E S E N T :

Won. MARK D.COHENActing Justice of the Suprem e Court

APPLICATION FO R ANORDER OF REFERENCE#001 - MD

. . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . .. . . . XDeutsche Bank National Trust Company as Trusteefor HSI Asset Securitization Corporation 2006-OP T3Mortgage Pass-Through Certificates, Series 2006-OPT3 ,

SHAPIRO & DICARO, LLPAttorneys for Plaintiff250 M ile Crossing BoulevardSuite OneRochester, New York 14624

Plaintiff,

- against -

Deborah A. Galasso a/ka/ Deborah G alasso, andJohnDOE # 1 through JOHN DOE # 10 , he last ten namesbeing fictitious andunknown to the Plaintiff, the personor parties intended being the person o r parties, if any,having or claiming an interest in or lien upon themortgaged prem ises described in the comp laint,

Upon the following papers numbered 1 t o k r e a d on this a - p a r t e application for an order of reference: Application an dsupporting papers 1 - 9 ; Answering Aff idavi ts and support ing p a p e r s 2 ; Replying Aff idavi ts and suppor ting papers 0 ;Other 0 ; t is ,

ORDERED that the application for an order of reference and sa le is denied without prejudice torenew: and it is further

ORDERED that the plaintiff is directed to provide information on w hether com pliance with theHom e A ffordable Modification Programis required and/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcem ent 09-05 with theguidelines promulgated by the D epartment of the Treasury, effective March 4,2009, a determination of amod ification of the loan involved in this foreclosure action is required. Therefore, the plaintiffisrequired to submit proof byan affidavit or affirmationby a person with knowledgeof the facts (a)whether the subject loan is eligible for review of the H ome A ffordable Modification Program (HAM P);

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Deutsche v CalassoIndex No.06851/09Page 2

(b) whether there has been compliance with theHAMP reguiationdguidelines; and/or whether thePlaintiff is prevented fr om proceeding with the instant foreclosure action by reason of the federal HAMPregulations/directives/guidelines.

Accordingly the application for an orderof reference is denied without prejudice for the reasonstated in this Order. A copy of this Order and all submitted docum entation shall be submitted with anyfuture application (s) for an order of reference. The order of reference is marked not signed. Thisconstitutes the O rder and decision of theCourt.

Dated: 2010

HON. MARK D.COHEN

FINAL DISPOSITION X NON-FINAL D ISPOSITION

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INDEX No. 07072/09

SUPREME COlJRT - STATE OF NEW YORKIA S PART 2 s - SUFFOLK Cou N rY

P R E S E N T :

IJon. M A R K D. COHEN APPLICATION FOR ANActing Justice of the Supreme Court ORDER OF REFERENCE

#001 - M D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X1,AS AL1,E HANK NATIONAL, ASSOCIATIONAS TRUSTEE UNDER THE POOLING ANDSERVICING AGREEMENT DATED ASOFAUGUST 1,2006 ,GSAMP TRUST2006-HES,

JORDAN S. KATZ, P.C.Attorneys for Plaintiff395 North Service RoadSuite 40 1Melville, New York 11530

P1ai nt fS,

- against -

JAMES G. R AN D, R O SA M AR IE M N D A /WAMARIA RAND, COLUMBIA DEPARTMENTOFPEDIATRICS CRITICAL CAR E I1 and JOHNDOE and JANE DO E the last two names beingfictitious , said parties intended being tenants oroccupants. if any, having o r claim ing an interest in

or lien upon the premises described in the complaint,

Upon the fo l lowing papers numbered 1 t o 4 r e a d on this ex-parte application for an order o f reference: Application an dsupporting papers 1 - 7 ; A n sw e ri n g A ff id av it s an d s up po rt in g p a p e r s L ; Replying Affidavits an d supporting papers 0 ;Othe r 0 ; t is,

ORDERED that the application for an order of reference and sale is denied without prejudice torenew: and it is further

ORDERED that the plaintiff is directed to provide information o n wh ether conipliance withtheHome A ffordable Modification P rogram is required and/or has occurred.

Pursuant to the Home Affordable ModiGcation Program, and the Announcement09-05 with theguidelines promulgated by the D epartment of the Treasury, effective March 4, 2009 , a determinationof amodification o f the loan involved in this foreclosure action is required. Therefore, the plaintiff is

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required to submit proof by an affidavit or affirmation by a person with knowledgeof the facts (a)whether the subject loan is eligible for review of the Hom e Affordable M odification Program (HAMP);(b) whether there has been compliance with the MAMP regulations/guidelines; and/or0 hether the

Plaintiff is prevented from proceeding with the instant foreclosure action by reason of the federal HAMPregulationsldircctivesiguidelines.

Accordingly the application for an orderof reference is denied withou t prejudicefor the reasonstated in this Order. A copy of this Orderan d all submitted documentatio n shall be submitted with anyfuture application (s ) for an order of reference. The orderof reference is marked no t signed. Thisconstitutes th e Order and decision of the Court.

Dated , 2 0 1 0

I-ION. MARK D. COHEN

FINAL D ISPOSITION - X NON-FINAL DISPOSITION

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S H O RT FORM O R D E R

INDEX

NO.: 7197-09

SUPREME COURT - STATE OF NEW YORKIA S PART 28 - SUFFOLK COUNTY

PRESENT: Hon. Mark D. CohenJustice of the Suprem e Court

Chase Home Finance LLC,

Plaintiff,

-against-

William Paine, J r . alWa William H. Paine, Jr.JOHN DOE, RICHARD ROE, JANE DOE, CORACOE, DICKMOE and RUBY POE , the six defendants lastnames in quotation marks being intended to designa te tenants oroccupants in possession of the herein described premises orportions thereof, if any there be said na mes being fictitious, theirtrue name being unknown to plaintiff,

Defendant,


Stein, Wiener & Roth, L.L.P.Attorneys for PlaintiffOne Old Country Road, Suite 1 13Carle Place,N .Y . 11514

Upon the following papers filed on this e x parte application for an order of referencefiled on April 13 , 2009: P roposed order of reference, affirmation of pl ain tiff s counsel Gerald Roth,Esq., dated April 8 ,20 09 , with supporting exhibitsA - G, and upon due consideration and deliberation,it is

O R D E R E D that the app lication for an order of reference and sale is denied without prejudiceto renew; and it is further

O R D E R E D that the p laintiff is directed to provide information on w hether com pliance withthe Home A ffordable Modification Program is required an d/or has occurred.

Pursuant to the H ome Affordable Modification Program, and the Announcem ent 09-05 withthe guidelines promulgated by the Department of the Treasury, effective March4, 2009, adetermination ofa modification of the loan involved in this foreclosure action is required. Therefore,the plaintiff is requi red to submit proof by an affidav it or affirmation bya person w ith knowledgeofthe facts (a) whether the subject loan is eligible for review of theHome Affordable Modification

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Chase Home Finance LLC v. PaineIndex #7 197109page 2

Program (HAMP);(b) whether there has been compliance with theHAMP regulationdguidelines;and/or (c) whether the P laintiff is prevented from proceeding with the instant foreclosure actionbyreason of the federalHAMP regulations/directives/guidelines.

Dated: L % & y o/

HON. MARK D. COHEN


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SI IO R I FOliivl O R D E R INDEX N o. 9285/09

SUPREM13 CO IJRI'- STATE O F NEW YORKIAS PAIIT 28 - SIJFFOLICCOlJNTY

P R E S E N T :

I Jon. MARK D. COHENActing Justice of the Sup reme Court

X_______________________________________-- - - - - - - - - - - - - - - - - - - - - -Bank 01' New York as 'l'rustce for the Certificate-holders CW ALI', Inc., Alternative Loan Trust2004-510 , Mortgage Pass-Through Certificates,Series 2004-510,

APPLICA'rION FO R ANOKDEK OF KEFERENCE#001 - MD

FRENKEI,, LAMBERT, WEISS,WEISMAN & GORDON,LLPAttorneys for plaintiff20 West Main StreetBay Shore, New Yorlt 11706

Plaintiff,

- against -

Richard 'I. Gallose, Stacy A . Gallose, JPMorganChase Bank, N.A. and "JOHN DOE # 1" through.' JOHN DOE # 10" , he lase ten names beingiictitious and unltnown to the plaintiff, the personor parties intended being the perso n or parties, ifany, having or claim ing an interest in or lienupon

the mortgaged premises described in the complaint,

U p o n th e following papers numbered I t o 6 r e a d on this e.r-pcrrte application for an order of reference: Application andsupporting papersO t h e r 0 ; t is,

I - 12 ; Answer ing Aff idavi t s and s up po rt in g p a p e r s x ; R e pl yi ng A ff id av it s an d supporting papers 0 ;

ORDERED that the ap plication for an order o f reference and sale is denied without prejudice torenew; and it is further

ORDERED that the plaintiff is directed to providc inform ationon whethe r compliance with the[Home Affordable Mo dification P rogram is required an d/or has occurred.

Pursuant to the H ome A ffordable M odification Program, and the Announcement05-05 with theguidelines promulgatedby the Department of the Treasury , effective March 4, 2009, a determination of amodification of the loan involved in this foreclosure actionis required. Therefore, the plaintiff is

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required to submit proof by an affidavit or affirmationby a person with knowled ge of the facts (a)

whether the subject loan is eligible for review of the Home Affordable Modification Program HAMP);(b) whether there has been com pliance with the HA M P regulationdguidelines; and/or whether thePlaintiff is prevented from proceeding w ith the instant foreclosure action by reason of the federalI IAMPregulations/dircctives/guidelines.

Accordingly the application for an order of referenceis denied without prejudicefor the reasonstated in this Order. A copy of this Order and all submitted documentation shall be submitted with anyliiture application (s ) for an order of reference. The order of reference is marked not signed. Thisconstitutes the Order and decisionof the Court.

Dated: ,2010

HON. MARK D . C O H E N


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SHORT FORM ORDER

INDEXNO.: 10648-08

SUPREME COURT - STATE OF NEW YORKIA S PART 28 - SUFFOLK COUNTY

PRESENT: Hon. MARK D. COHENJustice of the Supreme Court APPLICATION FO R AN

ORDER OF REFERENCEX #00 1- MD

PRECISION FINANCIAL, INC.600 E. Las Colinas Blvd.Suite 620Irving, TX 75039

STEVEN J. BAUM, P.C.

P.O. Box 1291Buffalo, N. Y. 14240- 1291

Plaintiff. Attorney for Plaintiff

-against-

ARGENTINA CONTRERAS, DORIS C.MENDOLA, MORTGAGE ELECTRONICREGISTRATION SYSTEMS, INC. ASNOMINEE FOR FREMONT INVESTMENT& LOAN,

JOHN DOE (Said name being fictitious, it beingthe intention of Plaintiff to designate any and alloccupants of premises being foreclosed herein,and any parties, corporations or entities, if any,having or claiming an interest or lien upon themortgaged premises.)

Defendants,

Upon the following papers numbered 1 to &read on this ex-parte applic ation for an ord er of reference: Applicationand supporting papers 1 - 4 ; Answ ering Affidavits and suppo rting papers-; Repl ying Affid avits and supporting papers-; Other Letter - 5 ;-it is,

ORDERED that the application for an order of reference and sale is denied without prejudice

to renew; and it is further

ORDERED that the plaintiff is directed to provide information on whether compliance withthe Home Affordable Modification Program is required and/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcement 09-05 withthe guidelines promulgated by the Department of the Treasury, effective March 4, 2009, adetermination of a modification of the loan involved in this foreclosure action is required. Therefore,

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Precision v ContrerasIndex No.: 10648-08Pg. 2

the plaintiff is required to submit proof by an affidavit or affirmation by a person with knowledge ofth e facts (a) whether the subject loan is eligible for review of the Home Affordable ModificationProgram (HAMP); (b) whether there has been compliance with the HAMP regulationdguidelines;and/or (,c) whether the Plaintiff is prevented from proceeding with the instant foreclosure action byreason of the federal HAMP regulations/directives/guidelines.

FINAL DISPOSITION X NON-FINA L DISPOSITION

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SHORTFORM ORDER INDEX No. 10872/10


P R E S E N T :

Hon . MARK D. COHENActing Justice of the Supreme Court

Plaintiff,

- against -


STEIN, WIENER & ROTH, L.L.P.Attorneys for Plaintiff

One Old Country RoadSuite 11 3Carle Place, New York 11514

Nelson R. Garcia, Marta Flores, Indymac Bank, FSB,Jonathan Cavalea, Commissioner of Taxation andFinance-TCD Child Support Enforcement Section,People of the State of New York, Bethpage FederalCredit Union, Good Samaritan Hospital, Commissionerof Taxation and Finance-civil Enforcement - CO- ATC,Internal Revenue Service, United sates of America,JOHN DOE ,RICHARD ROE, JANE DOE,CORA COE, DICK MOE and RUBY ROE,the six defendants last named in quotation marksbeing intended to designate tenants or occupants inpossession of the herein described premises or portionsthereof, if any there be, said names being fictitious,their true names being unknown to plaintiff,

Upon the following papers numbered 1 t o L r e a d o n this &-parte application for an order of reference: Application andsupporting papers

Other0

; t is,

1 - 14 ; Answering Aff idavi ts and support ing p a p e r s L ; Replying Affidavits and supporting papers 0 ;

ORDERED that the application for an order of reference and sale is denied without prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide information on whether compliance with theHome Affordable Modification Program is required andor has occurred Pursuant to the HomeAffordable Modification Program,and the Announcement 09-05 with the

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One West Bank v Garcia

Index No.: 10872Pg. 2

guidelines promulgated by the Department of the Treasury, effective March 4,2009, a determination of amodification of the loan involved in this foreclosure action is required. Therefore, the plaintiff isrequired to submit proof by an affidavit or affirmation by a person with knowledge of the facts (a)whether the subject loan is eligible for review of the Home Affordable Modification Program("HAMP"); (b) whether there has been compliance with the HAMP regulations/guidelines; and/orwhether the Plaintiff is prevented from proceeding with the instant foreclosure action by reason of the .federal HAMP regulations/directives/guidelines

Accordingly the application for an order of reference is denied without prejudice for the reasonstated in this Order. A copy of this Order and all submitted documentation shall be submitted with anyfuture application (s) for an order of reference. The order of reference is marked not signed. Thisconstitutes the Order and decision of the Court.

Dated: 0 ,2010

HON. MARK D.COHEN

FINAL D ISPOSITION X NON-FINAL DISPOSITION

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SHORT FORM ORDER

P R E S E N T :

INDEX No.12244109

S171I?t7ME COURT - STATE OF N E W YORKl , i S PART 28 - SUFFOLK COUNTY

Hon. MAJIK D. OI-IENActing Justice o f thc Suprem e Court

XDeutsche Bank National I ixst (oinpany on BehalfCertificate Holders GS,~\MPFixst 3005-HE3,Mortgage Pass-Through (crtilicatcs2005-HE3,

Plaintiff,

- against -

APPLICATION FO R ANORDER OF REFERENCE#001 - MD

FFENK EL, LAMBERT, WEISSWEISMAN & GORDON,LLPAttorneys for Plaintiff20 West Main StreetBay Shore, New York 11706

Eartha B. Josephs, United Statesof America-Department of the Treasury- Intel-nal RevenueService, and JOHN Dol : i# through JOHN DOE# lo , he last ten names !~cing ntm ded being thepers on or parties, if any, iiaving or claiming aninterest in or lien upon thc mortgaged premisesdescribed in the complaint.

Defendants.

Upon th e following p : i l i z i s nunilict-et1 1 t o c r e a d on this ex-parte application for an ord er of reference: Application andsupporting papersOther L ; _ i t s,

1 - 11 ; A I I ~ Rriiig ,\ifitla vits and supporting papers&; Repl ying Affidavits and supporting papers 0 ;

ORDERED that th e app licatio n for an order of reference a nd sale is den ied without prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide inform ation on whether compliance w ith the

Hom e Affordable Modification Prtlgrarn is required and/or has occurred .

Pursuant to the Home A fl orclable Modification P rogra m, and the Ann ounc em ent 09-05 with theguidelines promulgated h? the Ilcliai-tinentof the Treasury, effective March4, 2009, a determination ofamodification of the loan i i J \ olvcci !II this foreclosure action is required. The refor e, the plaintiff is

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Deutsche Bank v JoseplisIndex No.: 12244/09Pg. 2

required to submit proof il! ~ i iflidavit or affirmation bya person with knowledge of the facts (a)whether the subject loan 15 cligib!e Cor review of th e Hom e Affordable Mod ification Program(HAMP); (b) whether tiicre hiis hceii compliance with theHAMP regulations/guidelines; and/or

whether the Plaintiff isprei cntcci fiom proceeding with the instant foreclosure actionby reason of thefederal HA MP regulation\ c i i i c c i \ edguidelines.

Accordingly the nj ! 11icntioi; for an order of reference is denied without p rejudice for the reasonstated in this Order. A co,:! oi11ii.; Order and all submitted docum entation shall be submitted with anyfuture application (s) fo r .:I) ordci- ofreference. The ord er of referenceis marked not signed. Thisconstitutes the Order andIJcciLioii of the Court.

Dated:bQ 6, 0 I O

HON. MARK D.COHEN

_ _ INAL DISPOSITION X NON-FINAL DISPOSITION

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P R E S E N T :

Hon. MAR K D. COHENActing Justice o f the Suprem e Court

BAC HOME LOANS SER VIC ING , LP F/WACOUNTRYW IDE HOM E LOANS SERVICING,

APPLICATION FOR ANORDER OF REFERENCE#001 - M D

DRUCKM AN LAW GR OUP PLLCAttorneys for P laintiff242 Drexel AvenueSuite 2Westbury, New York 11590

Plaintiff,

- against -

SCOTT A NEMETH, A/W A SCOTT NEMETH,JODI COLLEEN NEME TH , SLOM INS INC.,JOHN DOE 1 to JOHN DO E 25, said names

being fictitious, the pers ons o r parties intendedbeing the persons, parties, corpora tions or entities,

if any, having or claimin g an interest in or lien uponthe mortgaged premises described in the complaint,

Defendants.X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Upon the following papers numbered 1 t o 4 r e a d on this rx-partr application for an or der of reference: Application andsupporting papersOther o ; - i t s,

1 - 10 ; A n s we r in g A ff id av it s an d su pp or ti ng p a p e r s l ; Replying Affidavits and supporting papers 0 ;

ORDERED that the applica tion for an order of reference and sale is denie d without prejudice torenew; a nd it is further

ORDERED that the plaintiff is directed to provide in forma tion on whether compliance with theHome Affordable M odification Program is required a nd/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcement 09-05 with theguidelines promulgated by the Department of the Treasury, effective March4, 2009, a determinationof amodification of the loan involved in this foreclosure action is required . The refore, the plaintiff isrequired to submit proof by an affidavit or affirmation by a person with kno wled ge of the facts (a)whether the subject loan is eligible for review of the Home Affordable Modification Program(HAMP);(b ) whether there has been c ompliance with the HA MP regulationdguidelines; and/orwhether the Plaintiffis prevented from proceeding with the instant foreclosure actionby reason of the

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BAC V NemetliIndex No,: 1342SAOPg . 2

federal HAM P regulations/directives/guidelines.

Accordingly the applica tion for an order of reference is denied withou t prejudice for the reasonstated in this O rder. A copy of this Order and all submitted documentation shall be submitted with anyfuture application (s) for an order of refere nce. The order of reference is marked not signed. Thisconstitutes the Order and decisionof the Court.

Dated: 0 L, 010

HON. MARK D.COHEN


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P R E S E N T :

Hon. MAR K D. COHENActing Justice of the Suprem e Court

Plaintiff,

- against -


SHAPIRO, DICARO& BARAK, LLPAttorneys for Plaintiff25 0 Mile C rossing BoulevardSuite OneRochester, Ne w York 14624

Madeline A. Giovanni,JOHN DOE # 1 andJANE DOE , said nam es being fictitious, partiesintended being possible tenants o r occupants ofpremises,

Defendants.X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Upon the following pap ers numbered 1 t o 4 r e a d on this ex-parte application for an or der of reference:Application and supporting pap erssupporting papers 0 ; Other 0 ; t is,

1 - 12 ; Answering Aff idavit s and suppor ting p a p e r s l ; Replying Affidavits and

ORDERED that the app lication for an order of reference andsale is denied withoutprejudice torenew; an d it is further

ORDERED that the plaintiff is directed to provide inform ation on whether compliance with theHome A ffordable M odification Program is required and/or has occurred.

Pursuant to the H om e Affordable M odification Program, an d the Announ cement 09-05 with the

guidelines promulgated by the Departm ent of the Treasury, effective March 4,2009, a determination of amod ification of the loan involv ed in this foreclosure action is require d. There fore, the plaintiff isrequired to submit proof by an affidavit or affirmation by a person with knowledge of the facts (a)whether the subject loan is eligible for review o f the Home Affordable M odification Program(HA MP ); (b) whether there has been com pliance with the HA MP regulations/guidelines; and/orwhether the Plaintiff is prevented from proceeding with the instant foreclosure action by reason of thefederal HAM P regulations/directives/guidelines.

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Countrywide v DiGiovmniaIndex No. 13432/09Pg. 2

Accordingly the app lication for an order of reference is denied without prejudice for the reasonstated in this O rder. A copy of this Order and all submitted docum entation shall be submitted with anyfuture application (s) for an order of reference. Th e order of referenceis marked not signed. Thisconstitutes the Order and decision of theCourt.

Dated: ,2010

HON. MARK D. COHEN


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SI-IOK'I' FORM ORDER INDEX No. 13802109


P R E S E N T :

Hon. MARK D.COHENActing Justice of the Supreme Court


. . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . XTHE BANK O F NEW YORK AS TRUSTEE FORTHE BENEFIT OF THE CERTIFICATEHOLDERSCWABS, INC., ASSET -BACK ED CERTIFICATES,

McCABE, WEISBERG AND CONWAY , P.C.Attorneys for Plaintiff145 Huguenot S treet

New R ochelle, New York 10801S'ERIES 2007-9,

Plaintiff,

- against -

GLADYS ST. LOUIS, JEAN ANTOINE M EDEN IU A JEAN ANTOINE MEADE, and "JOHNDOE # 1" through " JOHN DOE # 10, the last 10names being fictitious and unknown to plaintiff,the persons o r parties intended being the personsor parties, if any, having or claiming an interestinor lien upon the mortgaged premises described inthe verified complaint,

Defendants.X

Upon the following papers numbered I t o 3 r e a d on this a - p a r t e application for an o rder o f reference:Application an d supporting papers 1 -8 ; Answering Amdavi ts and supporting p a p e r s 2 ; Replying Affidavi ts and supportingpapers 0 ; Other 0 ; t is,

ORDERED that the application for an order of reference and saleis denied w ithout prejudice to

renew; and it is further

ORDERED that the plaintiff is directed to provide info rmation on whether comp liance with theHome Affordable M odification Program is required and/or has occurred.

Pursuant to the H ome A ffordable Modification Program, and the Anno uncement 09-05 w ith theguidelines prom ulgated by the D epartment of the Treasury, effective March 4 ,20 09 ,a determination of amod ification of the loan involved in this foreclosure actionis required. Therefore, the plaintiffisrequired to subm it proof by an affidavit or affirmation by a person w ith know ledge of the facts (a)First

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Bank of N Y vSt. LouisIndex No. 13802/09Page 2

whether the subject loan is eligible for review of the H ome Affordable Modification Program HA MP);(b) whether there has been com pliance with the HAM P regulations/guidelines; and/or whether thePlaintiff is prevented from proceed ing with the instant foreclosure action by reason of the federal HAM Pregulations/directives/guidelines.

Accord ingly the application for an order of reference is denied without prejudice for the reasonstated in this Order. A copy of this Order and all submitted docum entation shall be subm itted withan yfuture application (s) for an orde r of reference. The o rder of referenceis marked not signed. Thisconstitutes the Ord er and decision of the Court.

Dated:J& - q2 010

HON. MARK D.COHEN


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SUPREME COURT- STATE OF NEW Y O R KIAS PART 28 - SUFFOLK COUNTY

P R E S E N T :

Hon. MARK D. COHENActing Justice of the S upreme Court

XBAC HOME LOANS SER VICING , LPF/WACOUNTRYW IDE HOME LOANS SERVICINGyLP,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plaintiff,

APPLICATION FO R ANORDER OF REFERENCE#001 - M D

DRUCKMAN LA W GROU P PLLCAttorneys for Plaintiff242 Drexel AvenueSuite 2Westbury, Ne w Y ork 11 590

- against -

ANTHONY M. SCOTT, FAYKITA E. SCOTT,UNITED STATES OF AMERICA DEPARTMENT

SERVICE, PEOPLE O F THE STATEOF NEW YORKOF THE TREASURY-INTERNAL REVENUE

Defendants.X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Upon the following papers numbered 1 t o 4 r e a d on this ex-parte application for an order o f reference: Application andsupporting papersOther 0 ; t is,

1 - 10 ; Answering Affidavits and supporting p a p e r s k ; Replying Affidavits and supporting papers 0 ;

ORDERED that the app lication for an orde r of reference and sale is denied without prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide information on w hether com pliance with the HomeAffordable Modification Program is required and/or has occurred.

Pursuant to the Home Affordable M odification Program, and the Announcement09-05 with the

guidelines promulgatedby the Dep artment of the Treasury, effective March 4,2009, adetermination of amodification of the loan involved in this foreclosure action is required. There fore, the plaintiffis required tosubmit proof by an affidavit or affirmation by a person w ith knowledge of the facts (a) whether the subject loanis eligible for review of the Hom e Affordable Modification Program(HAMP); (b ) whether there has beencompliance with the H AM P regulations/guidelines; and/or whether the Plaintiffis prevented from proceedingwith the instant foreclosure action by reason of the federal HAMPregulations/directives/guidelines.

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BA C v ScottIndex No.: 13840/10Pg. 2

The C ourt in reviewing the submitted Ord er of Reference noted the conflict between the submittedRJI andthe Affidavit of Merit in identifying the typeof Loan. Plaintiff shall submita corrected R JI when subm itting therequired HAMP affidavit.

Accordingly the application for an order of reference is denied without prejudice for the reason statedinthis Order. A copy of this Order and all submitted documentation shall be submitted withany future application(s ) for an order of reference. The ord er of referenceis marked not signed. This constitutes the Order and decisionof the Court.

Dated:*74- 2010

HON. MARK D.COHEN


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SHORT FORM ORDER INDEX No.15697/09

SUPREME COURT - STATE OF NEW YORK

IAS PART 28 - SUFFOLK COUNTY

P R E S E N T :

Hon. MARK D. COHENActing Justice of the S upreme Court

X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Countrywide Hom e Loans Serv icing, LP.

Plaintiff,


SHAPIRO & DICARIO , LLPAttorneys for Plaintiff250 Mile CrossingSuite OneRochester, Ne w York 14624

- against -

Patricia Mance, RayonM. Scarlett, NYSCom missioner of Taxation and Finance/CivilEnforcement, JOHN DOE and JANE DOE,said names being fictitious, parties intendingbeing possible tenants or occupants o f premises,

Upon the following papers numbered 1 t o 3 r e a d o n this ex-parte application for an orde r of reference: Application andsupporting papersO ther o ; - i t s,

1 - 10 ; Answer ing Aff idavi t s and suppor t ing p a p e r s A ; Replying Aff idavi t s and support ing papers 0 ;

ORDERED that the applic ation for an order of reference and sale is denied without prejudicetorenew; and it is further

ORDERED that the plaintiff is directed to provide information on whether compliance with theHom e Affordable M odification Program is required and/or has occurred.

Pursuant to the Hom e Affordable Modification Program, and the Announcem ent09-05 with theguidelines promulgated by the Department of the Treasury, effective March4, 2009, a determination of amod ification of the loan involved in this foreclosure action is required. There fore, the plaintiff isrequired to submit proof by a n affidavit or affirmation by a person with kn owledgeof the facts (a)whether the subject loan is eligible for reviewof the Hom e Affordable Modification Program(HAMP ); (b) whether there has been compliance with the HA MP regulations/guidelines; and/orwhether the P laintiff is prevented from proceeding with the instant foreclosu re action by reason of the.

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Countrywide v ManceIttdex No.: I5697/09Pg. 2

federal HAMP regulations/directives/guidelines

Accordingly the applica tion for an order of referenceis denied without prejudice for the reasonstated in this Orde r. A copy of this Order andall submitted documentation shallbe submitted with anyfuture application (s) for an order of reference. T he order of referenceis marked not signed. Thisconstitutes the Order a nd decision of the Court.

Dated: ,2010

HOG. MARK D.COHEN


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SHORT FORM ORDER

INDEXNO.: 5987109

SUPREME COURT - STATE OF NE W YORKIAS PART 28 - SUFFOLK COUNTY

PRESENT: Hon. MARK D. COHENJustice of the Suprem e Court

X

HSBC BANK USA, NATIONAL A SSOCIATION, ASTRUSTEE FOR FBR SECURITIZATION TRUST2005-3,

Plaintiff.

-against-

DENIA LEIVA, MORTGAGE ELECTRONICREGISTRATION S YSTEMS, INC., AS AN OM N EE FOR FREMONT INVESTMENT ANDLOAN, JOHN DOE 1 to JOHN DOE 25, saidnam es being fictitious, the personsor partiesintended being the person s, parties, corporationsor entities, if any, having o r claiming an interestin or lien upon the mortgaged prem ises describedin the com plaint,

Defendants,Y


DRUCKMAN LAW GROUP PLLCAttorneys for Plaintiff24 2 Drexel Avenue, Suite2Westbury, N. Y. 1 1590

Upon the following papers numbered 1 to A r e a d on this ex-parte application for an order o f reference: Applicationand support ing papers 1 - 5 ; Answ ering Affida vits and sup portin g papers-; Rep lying Affidavits and supporting papers-; Other Letter - 6 ;-it is,

O R D E R E D that the applic ation for an order of reference and sale is denied without prejudiceto renew; and it is further

O R D E R E D that the plaintiff is directed to provide information on whether compliance withthe Home Affordable Modification Program is required and/or has occurred.

Pursuant to the Home Affordable Modification Program, and the Announcement09-05 withthe guidelines promulgated by the Department of the Treasury, effective March4, 2009, adetermination o f a modification of the loan involved in this foreclosure action is required. Therefore,the plaintiff is required to subm it proofby an affidavit or affirmation by a pe rson with knowledgeofthe facts (a) whether the subject loan is eligiblefor review of the Ho me A ffordable Modification

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HSBC v LeivaIndex No.: 09-15987Pg. 2

Program (HAMP);(b ) whether there has been compliance with the HAMP regulations/guidelines;and/or (c) whether the Plaintiff is prevented from proceeding with the instant foreclosure action byreason of the federal HAM Pregulations/directives/guidelines.

Dated: LO Lococ

FINAL DISPOSITION X NON -FINAL DISPOSITION

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SUIIIEME COURT - STATE OF NEW YORKIA S PART 28 - SUFFOLK COUNTY

P R E S E N T :Hon. MARK I) . COII_F,N

Acting Justice o f thc Supre me Court

Plaintiff,

-against

-

APPLICATION FOR ANORDER OF REFERENCE#001 -

DRUCKMAN LAW GROUP PLLCAttorneys for Plaintiff242 Drexel A venueSuite 2Westbury, New Y ork 11590

SUSAN B. KELLYA/IC/A S U S A N KELLY,WELLS FARGOBANK, N.A., PEOPLE OFTHE STATE OF NEW YORK. BOARD OFMANAGERS OF FAIRVIEW AT ARTISTLAKE CONDOMINIUM I, JOEIN DOE 1to JOHN DOE 25 , said names being thepersons. parties, corporations or entities, if any,having or claiming an interest in or lien uponthe mortgaged premises describedin the complaint,

U p o n t h e following p:ipcrs numbered 1 t o 3 r e a d on this ex-parte application for an order of reference: Application andsupporting papers 1 - 9 ; A n \ w e r i n g Affidavi ts and suppor ting p a p e r s 2 ; Replying Aff idavi ts and suppor ting papers 0 ;Other 0 ; t is,

ORDERED that Ihe applic ation for an order of reference a nd sale is denied with out prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide inform ationon whether com pliance with theHome Affordable Modification Program is required and/or has occurred.

Pursuant to the I lome Affordable M odification Program, an d the Announcement 09-05 with theguidelines promulgated by the D epartment of the Treasury, effective March 4,2009, a determination of amodification of the loani i n olved in this foreclosure action is required. There fore, the plaintiff is

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Wells Fnrgo v Kel l j~Index No.: 17495109Pg. 2

required to submit proofhym afliclavit or affirmation by a person with knowledgeof the facts (a)whether the subject loan I S cligibli. h i - review of the Hom e Affordable M odification Program(HAMP); (b) whether !lierc has bcen compliance with the HAM P regu latiodguid elines; and/or

whether the Plaintiff ispi C L cnted li-om proceeding w ith the instant foreclosure action by reason of thefederal HAMP regulatioiIddirectiT esiguidelines.

Accordingly the applicatioi?for an order of reference is denied without prejudicefor the reasonstated in this Order. A c o p y of this Order and all submitted documenta tion shall be submitted with anyfuture application (s) fo r :in order of reference. The order of reference is marked not signed. Thisconstitutes the Orderand Jccision of the Court.

HON. MARK D.COHEN


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SHORT FORM ORIIER INDEX No. 18282/08

S U P R l . ~ V E OURT - STATE OF NEW YORK11s PART 28 - SUFFOLK COUNTY

P R E S E N T :Hon. MARK 11. C O U N APPLICATION FOR AN

Acting JU\JICLf tlic Supreme Court ORDER OF REFEREN CE#002 - M D

X JORDAN S. KATZ, P.C.CREDlT SUlSSE FTn,ihClAIjCORPORATION, Attorneys for Plaintiff

39 5 North Service RoadSuite 401Melville, New York 1I530laintiff,

- against -

JOSIE ENRIQUE CAB RERA , TJNITED STATESOF AMERICA DEPARTMENT OF T H ETREASURY INTERNA1 REV EN UE SERVICE.JOHN T. MATHER M l-310RliUJ HOSPITAL ,CAPITAL ONE BANK. FSB. 1EODORAALVARADO, NYS Dl:PARl%.I1:NT OFTAXATION AND FTN,\NCE and JOHN DO E and JANE DOE , thc last tw o names being

fictitious, said parties inlcnded being tenants oroccupants, if any, having or claiming an interestin, or lien upon the prem ises ticscribed in thecomplaint,

1) e fendant s .

Upon the following p. ipci 5 i i u m b e i ct l 1 t o 4 r e a d on this a - p a r t e application for an order o f reference: Application andsupporting papers 1 - 9 ; .\rr5wct irig A 1 f i d . i ~ ts and supporting p a p e r s L ; Replying Affidavits and support ing papers 0 ;Other 0 ; t is,

ORDERED that the application for an order of reference a nd sale is denie d without prejudice torenew; and it is further

ORDERED that tiic plaintiff is directed to provide informationon whether compliance with theHome Affordable M odiiicarion Program is required and/or has occurred.

Pursuant to the Floine A fiorclable Modification Program, and the A nno unc eme nt09-05 with theguidelines proinulgated 11) th e 1lq)artinentof the Treasury, effective March 4,2009, a determination ofamodification of the loan in \ olved 111 this foreclosure action is required. Ther efore , the plaintiff is

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Credit Suisse v CabreruItidex No.: 18282/08Pg. 2

required to submit proof [I;,whether the subject loan i \ cligiblc fo r review of the Home Affordable M odification Program

(HAMP); (b) whether tlicrc has bcen compliance with the HAMP regulations/guidelines; a n do rwhe ther the Plaintiff is131 C L ciitcd fi-om proceeding w ith the instant foreclosure action by reason of thefederal HAMP regulations i i irecti\ dguide l ines .

aliidavit or affirmation by a person with knowled ge of the facts (a)

Accordingly the appl!catioi! Ior an order of reference is denied without prejudice for the reasonstated in this Order. A cop! o f t h i s Order and all submitted docume ntation shall be submitted withanyfuture application (s) fo r , i n ordcr o f reference. The order of reference is marked not signed. Thisconstitutes the Order andi lccision of the Court.

Dated: 2 0 1 0

I-ION. MARK D.COHEN

_ _ ~ - I N A L DISPOSITION X NON-FINAL DISPOSITION

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SHORTFORM ORDER INDEX No . 22255/08

SUPREME COURT- STATE OF NEW YORKIAS PART 28- SUFFOLKCOUNTY

P R E S E N T :Hon. MARKD. COHEN

Acting Justice of the Supreme Court

Plaintiff.

APPLICATION FOR ANORDER OF REFERENCE#O@ - M D

SHAPIRO& DICARO, LLPAttorney for Plaintiff250 M ile Crossing Boulevard

Suite OneRochester, Ne w York 14624

- against -

Jacquelyn Fursa, a/Ma Jackie Fursa, AnthonyPaparella d/b/a AP Landscaping, and JOHNDOE#1 throughJOHNDOE # lo , the last tennames being fictitious and unkno wn to thePlaintiff, the person or parties intended beingthe person or parties, if any, having o r claimingan interest in or lien upon the mortgaged premisesdescribed in the complaint.

Upon the following papers numbered1 to 2 read on this ex parte m otionbv the plaintiff for anorder of reference: Proposed order and supporting papers 1 - 1 1 ; Notice of Cross M otion andsupporting papers 0 ; Answering Affidavits and supporting pap ers 0 Replying Affidavitsand supporting papers , nd the aforesaid having been subm itted to the undersigned, and with dueconsideration and deliberation it is,

0

ORDERED that plain tiff s application (seq.#002 for an order of reference in this foreclosureaction is denied, without prejudice with leave to renew upon proper papers for the following reason:plaintiff has failed to submit a certificate of confo rmity, relating to an ou t of state affidav it of service onJacquelyn Fursa on A ugust6, 2008, as required by C PLR 2309 [c] and RPL 299-a.[1].

In this residential foreclo sure action, the plaintiff com men ced this foreclosure action by filing asummons and com plaint on June11, 2006 alleging that the defendant-mortgagor Jacquelyn Fursa,( hereinafter Fursa) defaultedin repaying a note and mortgage regarding the premises locatedat 3 14

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HSBC vFur saIndex NO.: 22255108Page 2

17hStreet, West Babylon, Ne w York 11704.

In support of the application for the order o f reference, the plaintiff has subm itted an affidavitofservice sworn to on August 6,2 00 8 by Ryan Marks( hereinafter Marks) wherein he affirms that heserved Fursa pursuant to CPL R 308(2) by serving her with the sum mon s and complaint at75 LutzRoad, Ku tztown, Pennsylvania on A ugust 6 , 2008 at12:OOp.m. Markss affidavit was subscribedwithin the S tate of Pennsylvania before an alleged notary public, who affixed his signature and notarystamp indicating his licensure in the Stateof Pennsylvania to the affidavit of serv ice immediately belowthe signature of Marks.

CPLR 2 309 [c] states that:

[aln oath or affirmation taken without the state shall be

treated as if taken within the state if it is accompanied bysuch certificate or certificates as would be required toentitle a deed acknowledged withou t the state to berecorded w ithin the state if such deed had beenacknowledged before the officer who administeredthe oath or affirmation.

To be admissible, the out of state affidavit must comply with CPLR 2309 [c] and beaccompanied by a certificate of conformity(see Real Property Law 299-a[1];PRA 111, LLC v Gonzafez,54 AD3d 917, 864 NYS2d 140 [2d Dept 20081). Furthermore, RPL $299-a [l ] requires that suchcertificate be made by either: a) an attorney licensed in the State of Ne w York, who resides in the state

where the acknowledgment or proof is taken; b) an attorney admitted in the state where the proofis

taken; or c) by any other person deemed qualified by any court of the State of Ne w York, if, in anyaction pending before such cou rt, it is deemed necessary to determ ine if such acknowledgment conform swith the laws of such state, or by the supreme court of the S tate of Ne w York, on application for suchdetermination.The justice, judge,surrogate or judicial officershall append to the acknowledgment thathe or she deemed such person qualifiedto make such certificate.

In the instant action, the a ffidavit of service was not subscribed to by an attorney licensed in theState of Pennsylvania, o r by an attorney licensed in the State of New York who is a resident of the Stateof Pennsylvania. Further, the plaintiff has not asked fora judicial determination that the person wasqualified to make the certification in question.

Although the re are cases that stand for the proposition that the lack of a certificateof conformityfor an out of state affidavit is a waivable, non-fatal defect(see Grea t Seneca Financial Irtc., v Khanna,18 Misc 3d 138 (A), 859 NY S 2d 895[ App Term, 2d Dept. 20081) those casesdo not involve anaffidavit of service, which goes to the issueof jurisdiction over the defendant. A certificate ofconformity is an absolute requirem ent if the out of state affidavit is an affidavit of service( s e e Raytsin vDiscover Balzk, N.A.,6 Misc3d 48 ,79 0 NYS2d 808[App Term, 2d Dept 20041).

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HSBC v FWSRIndex No.: 22255/08Page 3

Accordingly the complaint is dismissed as against Fursa without prejudice. A copy of this O rd ershall be submitted with any future application(s) for an order of reference along with the docu men tation

submitted with this orderof reference . In submitting any future orders of reference said application sh al linclude an affidavit from plaintiff ind icating whether this loan is subjec t to aH.A.M.P.review andwhether plaintiff is oris not prevented from proceeding with the instan t foreclosure by reason of anyapplicable federal H.A.M.P. directives. The orderof reference is marked not signed. This constitutes th eOrder and decision of the Co urt.

Dated: [! June, 2010MA RK D. COHEN, J.S.C.

X NON-FINAL DISPOSITION

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SHORT FORM ORDER INDEX N o. 24666/09


P R E S E N T :

Hon. MARK D. COHENActing Justice of the Supreme Court

Plaintiff,


SHAPIRO, DICARO& BARAK , LLPAttorneys for P laintiff250 M ile Crossing BoulevardSuite OneRochester, New York 14624

- against -

Dennis W . Gonyon, Denise M. Orlando, JPMorganChase Bank, N.A.,JOHN DOE and JANE DOE,said names being fictitious parties intended beingpossible tenants or occupants of premises,

Upon the following papers numbered 1 t o 4 r e a d on this ex-parte application for an o rder of reference:Application and supporting paperssupporting papers 0 ; Other 0 ; t is,

1 - 14 ; Answering Affidavits and support ing p a p e r s L ; Replying Affidavits and

ORDERED that the application for an order of reference and sale is denied without prejudice torenew ; and it is further

ORDERED that the plaintiff is directed to provide information on whether compliance with theHome Affordable Mod ification Program is required and/or has occurred.

Pursuant to the Hom e Affordable Modification Program, and the Announcement09-05 with theguidelines promulgated by the Department of the Treasury, effective March 4 ,200 9, a determination of amod ification of the loan involved in this foreclosure action is required. The refore, the plaintiff isrequired to submit proof by an affidavit or affirmation by a person w ith knowledge of the facts (a)whether the subject loan is eligible for review of the Home Affordable Modification Program(HAMP);(b) whether there has been compliance with the HAMP regulations/guidelines; and/orwhether the P laintiff is prevented from proceeding with the instant foreclosure action by reason of the

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B A C v GonyonIndex no. 24666109Pg. 2

federalHAMP regulations/directives/guidelines.

Accordingly the applica tion foran order of reference is denied without prejudice for the reasonstated in this Order. A copy of this O rder and all submitted docum entation shall be submitted with anyfuture application(s) for an order of reference. The orderof reference is marked not signed. Thisconstitute s the Order and decisionof the Court.

Dated: q - 2 0 1 0


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SHORT FORM ORDER INDE X No . 24669109


P R E S E N T :Hon. MARK D. COHEN APPLICATION FOR AN

Acting Justice of the Suprem e Court ORDER OF REFERENCE#001 - MD

. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . XBAC Home Loans Servicing, LP ZAVATSKY, MENDELSOHN & LEVY, LL P

Attorneys for PlaintiffP.O. Box 510

Plaintiff, 33 Queens Street

Syosset, Ne w York 11791-0510- against -

Philip Silva, Mortgage Electronic RegistrationSystems, Inc., as nominee for C ountrywide HomeLoans, Inc., Petro, Inc., JOHNDOE and JANEDOE, said names being fictitious, partiesintended being possible tenan ts or occupan ts ofpremises,

Defendants. :

Upon the following papers read on thisexpar te motion by the plaintiff for an order ofreference: Proposed order of reference, as supported by the a ffirmation of PeterG. Zavatsky, Esq. datedSeptember 18, 2009, with Exhibits A - G attached thereto, andthe aforesaid having been submittedto the undersigned, and with due consideration and deliberation it is,

ORDERED that in this residential mortgage foreclosure action, theex-parte motion ( seq. #001) of the plaintiff for an order pursuant to RP APL3 1321, is denied a s against the defendant PhilipSilva for the reason that the plaintiff has failed to comply with thedue diligence requirements of CPL R308 (4).

This foreclosure action was comm enced by the filing of a sum mo ns and complaint on June 262009, concerning the premises located at15 Heston Road, Shirley, Ne w York 11967 which is allegedtobe owned by the defendant Philip Silva( hereinafter Silva). The a ffidavit of service annexed to theinstant application [E xhibit F] states that Silva was purportedly served with the summons and complaintpursuant to CPLR 308(4) at the Shirley address.

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BAC v SilvaIndex No.: 24669/09Page 2

It is well established that nail an d mail service pursuant to C LR 308 (4) may be resorted to

only upon a show ing that either personal service or substituted service pursuant to CL R 308(1) or (2)cannot be made withdue diligence. The due diligence requirement of CLR 308 (4) must be strictlyobserved, given the reduced likelihood that a sum mo ns served pursuant to that section will be received( Gurevitch v Goodm an,269 AD2d 355 ,704 NYS 2d 634[ 2d Dept 20001). In this action, the affidavitof service by the process server John Savage( hereinafter Savage) sworn to on January July 28 ,2 00 9reflects that five [S I attempts at personal delivery upon S ilva was allegedly made at the Shirley addressat different times o f the day, to wit, on July 10 ,20 09 at 7:lO a.m, on July 16. 2009 at 7:56 a.m., on July17,2 009 at 8:37 p.m., July 22 ,20 09 at 6:42 p.m. and, finally, on July 2 4,20 09 at5:15 p.m.,whereuponthe sum mo ns was allegedly affixed to the doo r of the residence and thereafter mailed to Silva by firstclass mail on July 27, 2009. Notably, there were no attempts to personally serve the summons andcomplaint upon the defendant any time between 7: 56 a.m. and5:15 p.m . on any of the days that servicewas attempted. Further, there is no showing that Savage made any attempt to speak with neighbors inorder to ascertain the defendants normal routine of coming and going from the premises

The Court finds that under these circumstances, the plaintiff failed to satisfy the duedi1igencestandard of C LR 308 (4 ). It is the quality of the attem pts at personal service that is controlling,not the quantity of the attempts( see Estate of Waterman v. Jones, 46 AD3d 63, 843 NYS 2d 462 [2dDept. 20071). The C ourt finds that the absence of any attempts at personal service during the normaldaytim e period, coupled with th e lack of any inquiry by the process server as to the defendan ts dailyand/or weekend routine, causes this service to be insufficient. Acco rding ly, under the circumstancespresented herein, the attempted serviceof the summ ons and complaint pursuant to CLR308 (4) wasdefective as a m atter of la w( see Eurle v Valente 302 AD2d 353754 NYS 2d 364 [2d Dept 20031).Plaintiff has thus failed to establish that jurisdiction over M ackey has been obtained.( s e e McSorley vSpear, 50 AD 3d 652 [ 2d Dep t 20081; Earle v Valente supra ).

Accordingly the com plaint is dismissed as against Silva without prejudice. A copy of thisOrder shall be subm itted with any future application (s) for an orderof reference along with thedocumentation submitted with this application. In submitting any future order of reference saidapplicationshall include an affidavit from the plaintiff or an affirmation from counsel indicatingwhether this loan is subject to a H .A.M .P. review and w hether the plaintiff is prevented from proceedingwith a foreclosure by reason o f any applicable federalH.A.M.P. directives. The order of referenceismarked not signed. This constitutes the Order and decision of the C ourt.

Enter:

X NON-FINAL DISPOSITION

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SUPREME C o u R 7 - S-I-ATEOF NEW YORKIAS PART 28 - SIII'FOLK COUNTY

P R E S E N T :Hon. MAR K D. COHEN _ _ APPLICA'I'ION FO R AN

Acting Justicc of the Suprem e Court ORDER OF REFERENCE#002 - MD

_ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ - - _ _ _ - - - _ _ - - - _ - -- - - - - -- - - - -- - - _ - - - -- - - - - -- - - DRUCKMAN LAW GROUP LLCUS BANK NATIONAL ASSOCIATION A S Attorneys for Plaintiff.SUCCESSOR BY MERGER TO U S BANK 242 Drcxel AvenueHOME MORTGAGE CORPORATION, Suite 2

Westbury, N ew York 1159 0

Plaintiff,

- against -

MICHAEL LOMONACO, SUSAN LOMONACO.TOWN SUPERVISOR OF TH E TOWN OFBABYLON, PEOPLE FOR THE STATE OFNEW YORK, SUFFOLK FEDERAL CR1;DITUNION, ''JOHN DOE 1 to JOHN DOE 2 5 " ,said names being fictitious, the persons or partiesintended being the tenants, occu pan ts, persons

or corporations, if any, having or claiming aninterest in or lien upon the mortgag ed prem isesdescribed in the com plaint,

Defendants.x. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Upon the following papers numb ered 1 t o 5 r e a t l o n this c s - p r t e application for an o rder of reference: Application andsupporting papersOther o ; - i t s,

1 - 11 ; Answerin g Affidavits and supporting p n p e r s l ; Replying Affidavits and supporting papers 0 ;

ORDERED that the application for an cxderof reference and sale is denied witho ut prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide inform ationon whether comp liance with theHome Affordable M odification Programis required and/or has occu rred.

Pursuant to the Hom e Affordable Mo diiication Program, and the Ann ouncem ent 09-05 with theguidelines promu lgated by the Departm ent oftiic Treasury, effective M arch 4, 2009, a determination ofamodification of the loan involved in this foreclosure action is required. Therefore, the plaintiff is

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lJS Bunk v LornonucoIndex No.: 26364108P g. 2

required to submit proof by an affidavit or affirmationby a person with knowledge of the facts (a)whether the subject loan is eligible fbr reviewo f t h e 1 Ionie Afiordable Mo dificatio n Program(HAMP); (b) whether there has been com pliancewith the I IAMP regulations/guidelines; and/or0

whether the Plaintiff is prevented from proceedirig ~ i t hhc instant fo reclos ure action by reason of thefederal HAMP r e g u l a t i o n s / d i r e c t i v c s / ~ ~ i ~ d e l i i ~ ~ ~ ~ .

Accordingly the ap plication for an orderof rcference is denied without prejudice forthe reasonstated in this Order. A copy of this Order and a l l submitted documentation shall be submitted with anyfuture application(s) for an order of reference. [heorder of referen ce is inarlted not signed. Thisconstitutes the Order an d decisionolthe Court.

Dated: 2010


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Sl tORT FORM ORDER INDEX No. 26498/08

SUPREME COURT- STATE OF NEW YORKIAS PART 28 - SUFFOLK CO UNTY

P R E S E N T :

Hon. MARK D. COHENActing Justice of the Su preme Court

Plaintiff.

- against -

EDWIN MORALES, SANDRA E. MORALES,ERIN CAPITAL MAN AGEM ENT, LLC, GREA TSENECA FINANCIAL C O W .,JOHN DOE 1 toJOHN DOE 25 , said names being fictitious, hepersons or parties intended being te persons, parties,corporations or entities, if any, havingan nterest in orlien upon the mortgaged p remise s described in thecomplaint,

Defendants.X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APPLICATION FOR ANORDER OF REFERENCE#002 - M D

DRUCKMAN LAW GROUP PLLCAttorneys for Plaintiff24 2 Drexel AvenueSuite 2Westbury, Ne w Y ork 11590

Upon the following papers numbered 1 t o 3 r e a d o n th is ex-patfe application for an order of reference: Application andsupporting papersOther 0 : t is,

1 - 1 1 ; Answer ing Aff idavit s and support ing p a p e r s A ; Replying Affidavi ts and suppor t ing papers 0 ;

6

ORDERED that the application for an orderof reference and sale is denied w ithout prejudice torenew; and it is further

ORDERED that the plaintiff is directed to provide information on whether com pliance with theHom e Affordable Modifica tion Program is required and/or has occurred.

Pursuant to the Home A ffordable Modification Program , and the Announcem ent 09-05 with theguidelines promulgated by the D epartm ent of the Treasury, effective March 4,2009, a determ ination ofamodification of the loan involved in this foreclosure action is required. Therefore, the plaintiff isrequired to subm it proof by an affida vit or affirmation by a person with knowled geof the facts (a)whether the subject loanis eligible for review of theHome Affordable Modification Program(HAMP); (b) whether there has been com pliance with the HA MP regulations/guidelines; and/orwhether the Plaintiff is prevented from proceeding with the instant foreclosure actionby reason of the

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J COHEN 42

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Transcript of J COHEN 42