Legal Ads recorded in Liber 7369 of Deeds, page 180. Said premises are sold subject to any state of facts an accurate survey may show, zoning restrictions and any amendments thereto, covenants, restrictions, agreements, reservations, and easements of record and prior liens, if any, municipal departmental violations, and such other provisions as may be set forth in the Complaint and Judgment filed in this action. Judgment amount: $136,484.37 plus, but not limited to, costs, disbursements, attorney fees and additional allowance, if any, all with legal interest. DATED: March 2013 Laurie A. Giordano, Esq., Referee LACY KATZEN LLP Attorneys for Plaintiff 130 East Main Street Rochester, New York 14604 Telephone: (585) 324-5767 [ NOTICE OF SALE ] Index No. 2012-6268 SUPREME COURT STATE OF NEW YORK COUNTY OF MONROE ESL Federal Credit Union Plaintiff vs Gary J. Lisman; Jackie Ward; Claire Howe; Katie Burke Defendants. Pursuant to a Judgment of Foreclosure and Sale dated January 2, 2013 and entered herein, I, the undersigned, the Referee in said Judgment named, will sell at public auction in the front vestibule of the Monroe County Office Building, 39 West Main Street, Rochester, New York, County of Monroe, on April 9, 2013 at 9:30 a.m., on that day, the premises directed by said Judgment to be sold and therein described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Rochester, County of Monroe and State of New York, known as 51-53 Morningside Park, Rochester, NY 14607; Tax Account No. 122.532-7 described in Deed recorded in Liber 6116 of Deeds, page 182. Said premises are sold subject to any state of facts an accurate survey may show, zoning restrictions and any amendments thereto, covenants, restrictions, agreements, reservations, and easements of record and prior liens, if any, municipal departmental violations, and such other provisions as may be set forth in the Complaint and Judgment filed in this action. Judgment amount: $139,403.05 plus, but not limited to, costs, disbursements, attorney fees and additional allowance, if any, all with legal interest. DATED: February 26, 2013 Joanne L. Best, Esq., Referee LACY KATZEN LLP Attorneys for Plaintiff 130 East Main Street Rochester, New York 14604 Telephone: (585) 324-5767
[ SUMMONS BY PUBLICATION ] Index No. 2012-5294 Filing Date: May 14, 2012 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE RBS Citizens, N.A. f/k/a Citizens Bank, N.A. Plaintiff vs. Robert Werner Citizens Bank, N.A. Fleet Real Estate Funding Corp. and “John Doe”, said name being fictitious and intended to include any and all parties having an interest in the mortgaged premises and not otherwise identified above, Defendants. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in the above action and to serve a copy of your Answer on the plaintiff’s attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Monroe County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. Dated: February 21, 2013 /s/ David P. Martin David P. Martin, Esq.HARRIS BEACH PLLC Attorneys for Plaintiff 333 West Washington Street, Suite 200 Syracuse, NY 13202 (315) 423-7100 TO THE DEFENDANT, Fleet Real Estate Funding Corp.: The foregoing Summons is served upon you by publication pursuant to an Order of Honorable Justice Richard A. Dollinger, J.S.C. (Acting), dated February 5, 2013, and filed with the Complaint in the office of the Clerk of the County of Monroe in the City of Rochester, County of Monroe and State of New York. The nature of this action is to foreclose a mortgage bearing date June 25, 2007, executed by Robert Werner to Citizens Bank, N.A., to secure the sum of NINETYTHREE THOUSAND DOLLARS AND NO CENTS ($93,000.00), and recorded in Book of Mortgages 21328, at Page 0001, in the County of Monroe, on July 23, 2007. The premises hereinbefore referred to are described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarkson, County of Monroe and State of New York, and being a part of Lot 4, Section 2, Township 4 of the triangular
tract (so-called) bounded and described as follows: Beginning at a point on the northerly boundary of Ridge Road, also known as Route 104 and being 99 feet wide, at a distance of 100 feet westerly, measured along the said boundary, from its intersection with the division line between Lot 10 on the East and Lot 4 on the west, said division line being also the easterly line of a parcel of land described in a deed to Carl H. and Bessie A. Nellis recorded in the Monroe County Clerk’s Office in Liber 2142 of Deeds, page 537; running thence northerly parallel to the division line between said Lot 10 on the east and said Lot 4 on the west a distance of 200 feet to a point; running thence westerly parallel to the northerly boundary of the Ridge Road, a distance of 100 feet to a point; running thence southerly parallel to the first described boundary a distance of 200 feet to the northerly boundary of Ridge Road; running thence easterly along the northerly boundary of Ridge Road a distance of 100 feet to the point or place of beginning; containing 0.46 acres be the same more or less. Subject to all covenants, conditions, restrictions, reservations, easements and rights of way of record. Dated: February 21, 2013 /s/ David P. Martin David P. Martin, Esq. HARRIS BEACH PLLC Attorneys for Plaintiff 333 West Washington Street, Suite 200 Syracuse, NY 13202 (315) 423-7100 TO THE DEFENDANT, Fleet Real Estate Funding Corp.: That it appears from the public records that Fleet Real Estate Funding Corp., holds a lien which is adverse to Plaintiff’s interest and which remains open of public record as follows: a mortgage made by Helmut M. Rinans to American Home Funding, Inc. bearing date February 9, 1988 to secure the sum of FIFTY THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($50,400.00), and recorded in Book of Mortgages 8626, at Page 38, in the County of Monroe on February 10, 1988, which mortgage was assigned by American Home Funding, Inc. to Fleet Real Estate Funding Corp. by assignment bearing date February 11, 1988 and recorded in Book of Assignments of Mortgages 755, at Page 80, in the County of Monroe on August 16, 1989; That upon information and belief, the lien of the Fleet Mortgage has been paid in full, and is therefore, subordinate to the mortgage being foreclosed herein, and should be discharged of record. That the lien of the Fleet Mortgage should be declared invalid and
extinguished pursuant to Real Property Actions and Proceedings Law Article 15. That Plaintiff requests that the Judgment of Foreclosure and Sale state the following: ORDERED, ADJUDGED AND DECREED, that the lien which appears to be prior and adverse to the mortgage being foreclosed herein, namely the lien of Defendant Fleet Real Estate Funding Corp., is hereby declared invalid and extinguished pursuant to RPAPL Article 15; and it is further ORDERED, ADJUDGED AND DECREED, that Defendant Fleet Real Estate Funding Corp., and all persons or entities claiming by, through or under them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said Mortgage Premises; and it is further ORDERED, ADJUDGED AND DECREED, that the record be reformed to reflect that the lien of Defendant Fleet Real Estate Funding Corp., is invalid and extinguished, and upon granting and entering of a Judgment of Foreclosure and Sale, a certified copy of same be presented to the Monroe County Clerk so the clerk may mark the mortgage made by Helmut M. Rinans to American Home Funding, Inc. bearing date February 9, 1988 to secure the sum of FIFTY THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($50,400.00), and recorded in Book of Mortgages 8626, at Page 38, in the County of Monroe on February 10, 1988, which mortgage was assigned by American Home Funding, Inc. to Fleet Real Estate Funding Corp. by assignment bearing date February 11, 1988 and recorded in Book of Assignments of Mortgages 755, at Page 80, in the County of Monroe on August 16, 1989, discharged of record. In the case of default, judgment shall be taken against you and ordering the mortgage made by Helmut M. Rinans to American Home Funding, Inc. bearing date February 9, 1988 to secure the sum of FIFTY THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($50,400.00), and recorded in Book of Mortgages 8626, at Page 38, in the County of Monroe on February 10, 1988, which mortgage was assigned by American Home Funding, Inc. to Fleet Real Estate Funding Corp. by assignment bearing date February 11, 1988 and recorded in Book of Assignments of Mortgages 755, at Page 80, in the County of Monroe on August 16, 1989, invalid and extinguished and discharged of record.
Fun
[ LAST WEEK’S SOLUTION ON PAGE 31 ]
rochestercitynewspaper.com CITY 39