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NOTICE OF ELECTRONIC FILING (Mandatory Case)
(Uniform Rule § 202.5-bb)
SUPREME COURT OF
THE STATE OF NEW YORK
COUNTY OF ONONDAGA
Index No. 009821/2023
Stephen Skinner
Plaintiff/Petitioner, - against -
Green Tree Credit LLC, successor by merger with Conseco Finance, formerly Green Tree Credit Corp. Defendant/Respondent.
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system (“NYSCEF”), and
2) You are a Defendant/Respondent (a party) in this case.
• If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).
• If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
• serving and filing your documents electronically
• free access to view and print your e-filed documents
• limiting your number of trips to the courthouse
• paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
• visit: www.nycourts.gov/efile- unrepresented or
• contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov.
To find legal information to help you represent yourself visit www.ny courthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.gov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscefnycourts.gov).
Dated: 9/12/23
Joseph E. DeMari, Esq.
Germain & Germain, LLP
314 E. Fayette Street
Syracuse, New York 13202
(315) 422-0314
[email protected]
To: CT Corporation Systems
28 Liberty Street, 42nd Floor
New York, New York 10005
SUMMONS WITH NOTICE
SUPREME COURT
STATE OF NEW YORK
COUNTY OF ONONDAGA
Index No. 009821/2023
Stephen Skinner,
Plaintiff, -against-
Green Tree Credit LLC, successor
by merger with Conseco Finance, formerly Green Tree Credit Corp.,
Defendant.
Plaintiff designates Onondaga County as the place of trial.
The basis of venue is location of real property at: 309 Hillsdale Ave. Syracuse, NY 13206 Tax Map #: 027.-04-36.0
Plaintiff residence: 309 Hillsdale Ave. Syracuse, NY 13206
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to serve a notice of appearance, on the Plaintiff's Attorney(s) 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); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the notice set forth below.
TAKE NOTICE the nature of this action and the relief sought is to determine claim and quiet title to real property pursuant to Real Property Actions and Proceedings Law Article 15. That in case of your failure to appear judgment will be taken against you by default finding in favor of the Plaintiff.
Dated: September 7, 2023
Joseph E. DeMari, Attorney at Law
Germain & Germain, LLP
Attorneys for the Plaintiff
314 East Fayette Street
Syracuse, New York 13202
Telephone: (315) 422-0314
Email: [email protected]
VERIFIED COMPLAINT
SUPREME COURT
STATE OF NEW YORK
COUNTY OF ONONDAGA
Index No. 009821/2023
Stephen Skinner,
Petitioner, -against-
Green Tree Credit LLC, successor
by merger with Conseco Finance, formerly Green Tree Credit Corp.,
Respondent.
Plaintiff, Stephen Skinner by and through his attorneys, Germain & Germain, LLP, Joseph E. DeMari of Counsel, complaining of the Defendant, Green Tree Credit LLC, successor by merger with Conseco Finance, formerly Green Tree Credit Corp., alleges and shows to the Court as follows:
1. This Action is brought pursuant to Article 15 of the New York Real Property Actions and Proceedings Law to compel a determination of claim to the real property known as 309 Hillsdale Ave. City of Syracuse, County of Onondaga and State of New York.
THE PARTIES
2. At all times hereinafter mentioned, the Plaintiff, Stephen Skinner, was and is a resident of Onondaga County and State of New York.
3. At all times hereinafter mentioned, Marty J. Wise and Heidi L. York are former owners of the subject property and mortgagors on a mortgage to Defendant, Green Tree Credit Corp..
4. Upon information and belief, Green Tree Credit Corp. was a New York State corporation filed on February 26, 1982, with a mailing address of 332 Minnesota St., Ste. 610 St. Paul, MN 55101.
5. That on November 8, 1999, by a certificate of amendment filed with New York State Department of State said Mortgagee, Green Tree Credit Corp. changed its name to Conseco Finance Credit Corp..
6. Upon information and belief, Conseco Finance Credit Corp. was a New York State corporation with a mailing address of 111 Landmark Towers 345 St. Peter St. St. Paul, MN 55102.
7. Thereafter on June 9, 2003, Conseco Finance Credit Corp. merged out of existence being acquired by Green Tree Credit LLC.
8. Upon information and belief, Green Tree Credit LLC was a New York State corporation filed on May 20, 2003, with a mailing address of 3000 Bayport Dr., Ste. 985 Tampa, FL 33607.
9. That on October 28, 2019, Green Tree Credit LLC filed a voluntary dissolution with the New York State Department of State.
10. That upon information and belief, the Defendants in this action are no longer in existence, have no successor or assigns and therefore no place for service of process.
THE REAL PROPERTY
11. That Plaintiff is the fee simple owner of premises known as 309 Hillsdale Ave. in the City of Syracuse, County of Onondaga and State of New York and more particularly described as:
All that tract or parcel of land, situate in the City of Syracuse, County of Onondaga and State of New York, known and described as Lot No. 36, Block 2042, Eastwood Heights, known and distinguished on a map of the Eastwood Heights, made by R. Griffin, and filed in the Onondaga County Clerk's Office, October 1, 1889, and more commonly known as follows: Property Address: 309 Hillsdale Ave. Syracuse, NY 13206, having Tax Map No. 027.-04-36.0.
PLAINTIFF'S INTEREST IN
THE REAL PROPERTY
12. That on August 16, 2023, Plaintiff purchased the above-described Premises from Marty J. Wise and Heidi L. York by a Warranty Deed dated August 14, 2023 and recorded in the Onondaga County Clerk's Office on August 16, 2023 as Instrument No. 2023-00026599.
DEFENDANT'S INTEREST IN THE REAL PROPERTY
13. The above-described Premises are subject to a mortgage as follows: Mortgage dated February 12, 1996, in the sum of $21,667.07 by Marty J. Wise and Heidi L. York to Green Tree Credit Corp. and recorded in the Onondaga County Clerk's Office on March 14, 1996 in book 8466 of Mortgages at page 293.
14. There are no assignments of record to the above-described mortgage.
15. That although it is alleged said mortgage by Marty J. Wise and Heidi L. York to Green Tree Credit Corp. was paid in full it nevertheless remains open of record in the County Clerk's office.
REAL PROPERTY CLAIM
16. The Plaintiff verily believes the subject Green Tree Credit Corp. mortgage was paid in full by former owners and mortgagors, Marty J. Wise and Heidi L. York when they refinance the subject property with a mortgage in the sum of $78,500.00 to Washington Mutual Bank on January 18, 2002.
17. That said Green Tree Credit LLC as successor to Green Tree Credit Corp. failed to file a satisfaction of mortgage with the Onondaga County Clerk upon receiving payment in full from mortgagors, Marty J. Wise and Heidi L. York.
18. That upon information and belief the mortgagors, Marty J. Wise and Heidi L. York have made a full and thorough search of all their records and have not found any documents or records relating to the payoff of said mortgage with Green Tree Credit Corp. nor have they received any notices of payment due from the Defendant or any successors or assigns concerning the subject mortgage.
19. That a judgment will or might affect a person or persons not in being or ascertained at the commencement in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the subject property.
20. Upon information and belief, every person in being who would have been entitled to a beneficial estate or interest in the subject real property prior to the commencement of this Action is named as a party hereto.
21. That no personal claim is made against the Defendant other than a Defendant who shall assert a claim adverse to the claim of the Plaintiff set forth in this Complaint.
22. No previous application for the Order requested herein has been made.
WHEREFORE, Plaintiff respectfully requests order against Defendant as follows:
A. The Defendant, its successors and assigns and all persons claiming under them, be forever barred from all claims to an estate or interest in the property described in Paragraph “11.”, of this Complaint.
B. The debts or other obligations secured by the Green Tree Credit Corp. mortgage be cancelled.
C. The Onondaga County Clerk cancel and discharge of record the Green Tree Credit Corp. mortgage.
D. That Plaintiff have such other and further relief as the Court may be deemed just, equitable and proper.
Dated: September 7, 2023.
/s/ Joseph E. DeMari, Attorney at Law
Germain & Germain, LLP
Attorney for Plaintiff
314 East Fayette Street
Syracuse, New York 13202
Telephone: (315) 422-0314
Email: [email protected]
Dated: September 11 2023.
/s/ Stephen Skinner
VERIFICATION
Stephen Skinner, being duly sworn, deposes and says that he is the Plaintiff in the within action; that Deponent has read the foregoing Complaint and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, he believes it to be true.
/s/ Stephen Skinner
Sworn to before me this 11 day of September 2023.
/s/ Notary Public
JOSEPH E DEMARI
NOTARY PUBLIC,
STATE OF NEW YORK
Qualified in Onondaga County
Reg. #4804221
My Commission Exp. Oct. 31, 2026
Oct. 27; Nov. 3, 10, 17, 2023 23-03243H