LEGAL NOTICE Supplemental Summons and Notice of Object of Action
LEGAL NOTICE
Supplemental Summons and Notice of Object of Action Supreme Court Of The State Of New York County Of Cattaraugus
Action To Foreclose A Mortgage Index #: 94155 Rocket Mortgage, LLC F/K/A Quicken Loans, LLC Plaintiff, vs Joan Briggs AKA Joan S. Eberle If Living, And If He/She Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In Wife, Widow, Husband, Widower, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assignees Of Such Deceased, Any And All Persons Deriving Interest In Or Lien Upon, Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives, Widows, Husbands, Widowers, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assigns, All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff, People Of The State Of New York, United States Of America On Behalf Of The IRS John Doe (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). Mortgaged Premises: 137 Conewango Road Randolph, NY 14772 To the Above named Defendant: You are hereby summoned to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is not served with this Supplemental Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after the service of this Supplemental Summons, exclusive of the day of service (or within 30 days after the service is complete if this Supplemental Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Cattaraugus. The basis of the venue designated above is the location of the Mortgaged Premises. TO Joan Briggs AKA Joan S. Eberle Defendant In this Action. The foregoing Supplemental Summons is served upon you by publication, pursuant to an order of HON. Terrence M. Parker of the Supreme Court Of The State Of New York, dated the Twenty-Fourth day of April, 2025 and filed with the Complaint in the Office of the Clerk of the County of Cattaraugus, in the City of Little Valley. The object of this action is to foreclosure a mortgage upon the premises described below dated August 4, 2022, executed by Joan Briggs AKA Joan S. Eberle to secure the sum of $54,000.00. The Mortgage was recorded at Instrument Number 202220322 in the Office of the Cattaraugus County Clerk on August 9, 2022. The mortgage was subsequently assigned by an assignment executed October 3, 2024 and recorded on October 4, 2024, in the Office of the Cattaraugus County Clerk at Instrument Number 202412007. The property in question is described as follows: 137 Conewango Road, Randolph, NY 14772 HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE The state encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at 1-800-342-3736 or the Foreclosure Relief Hotline 1-800-269-0990 or visit the department's website at WWW.DFS.NY.GOV. RIGHTS AND OBLIGATIONS YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE THE RIGHT TO STAY IN YOUR HOME DURING THE FORECLOSURE PROCESS. YOU ARE NOT REQUIRED TO LEAVE YOUR HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT AUCTION PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE. REGARDLESS OF WHETHER YOU CHOOSE TO REMAIN IN YOUR HOME, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY PROPERTY TAXES IN ACCORDANCE WITH STATE AND LOCAL LAW. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. § 1303 NOTICE NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this Foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: April 30, 2025 Gross Polowy LLC Attorney(s) For Plaintiff(s) 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 The law firm of Gross Polowy LLC and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. 85617