I guess WELLS FARGOT…
A Wells Fargo spokeswoman said “the affidavits we sign are accurate.”
SUPREME COURT – STATE OF NEW YORK
I.A.S. PART XXXVI SUFFOLK COUNTY
HON, PAUL J. BAISLEY, JR., J.S.C.
INDEX NO.: 16038/2008
MOTION DATE: 11/24/2008
Plaintiff, MOTION NO.: 001 MI)
STEVEN J. BAUM, P.C.
P.O. Box 1291
Buffalo, New York 14240- 1291
Wells Fargo v. Oleg Dmitriev
Plaintiffs application is defective because there is no “affidavit made by the party” of “the facts constituting the claim, the default and the amount due” as required by CPLR §3215(f). The proffered “affidavit of merit and amount due” of Jeffrey Stephan identifies him as “the Limited Signing Officer of GMAC MORTGAGE LLC, servicer,” but no proof of Mr. Stephan’s authority to execute such affidavit on behalf of plaintiff is offered. The proffered affidavit does not otherwise comply with the requirements of CPLR $2309(c) for an out-of-state affidavit. In addition, the facts and dates recited in the affidavit regarding the consolidated mortgage and consolidated note that are the subject of this floreclosure action are at variance with the underlying documents.
In light of the foregoing, the motion for an order of reference is denied, without prejudice to renewal on proper papers.
Proposed order of reference marked “not signed.”
Dated: March 16, 2009
Paul J. Baisley, JR
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