SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALLEGANY
INDEX NO. 49839 Date Filed: 06/23/2025
SUPPLEMENTAL SUMMONS
Plaintiff designates ALLEGANY County as the place of trial.
The basis of venue is: The location of real property being foreclosed.
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F, Plaintiff, against EDWARD TAMBURRI, if they be living and if they be dead, the respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said defendant(s) who may be deceased, by purchase, inheritance, lien or inheritance, any right, title or interest in or to the real property described in the Complaint; SECRETARY OF HOUSING AND URBAN DEVELOPMENT, TECHNICAL CAREER INSTITUTES; UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; and “JOHN DOE No. 1'' through ''JOHN DOE No. 100'' inclusive, the name of the last 100 defendants being fictitious, the true names of said defendants being unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a lien upon the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and assignees, lienors, creditors and successors in interest of them and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title, or interest in or lien upon the premises described in the complaint herein, Defendant(s). To the above named Defendants: 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 summons, 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 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 or answer, judgment will be taken against you by default for the relief demanded in the complaint. 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. The foregoing summons is served upon you by publication pursuant to an order of the Honorable Thomas P Brown, an Acting Justice of the Supreme Court of the State of New York, Allegany County, granted on the 13th day of March, 2025, and filed with the Complaint and other papers in the office of the County Clerk of Allegany County. The object of this action is to foreclose a mortgage upon the premises described below, executed by EDWARD TAMBURRI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PROSPECT LENDING, LLC, bearing date April 13, 2010 and recorded in Instrument Number: 2010-42693 in the County of Allegany on April 15, 2010, which was modified by Loan Modification Agreement given by EDWARD TAMBURRI, which was made on April 12, 2022 and recorded February 13, 2025 in Instrument # 2025-53757, creating a new principal balance of $47,212.31, which was further modified by Loan Modification Agreement given by EDWARD TAMBURRI, which was made on October 26, 2022 and recorded February 27, 2025 in Instrument # 2025-54058, creating a new principal balance of $49,365.69, which was then assigned to WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F by instrument executed February 10, 2023 and recorded February 15, 2023, in Instrument Number: 2023-36079. Said premises being known as and by 8 County Road 14, Arkport, NY 14807, bearing tax map designation Section: 48., Block: 1, Lot: 12, which is more fully described in the Schedule “A” attached to the Complaint. To the above named Defendants: YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. There is due and owing to plaintiff the sum of $49,365.69 plus interest thereon from November 1, 2022, in addition to those accumulated late charges and those recoverable monies advanced by Plaintiff and/or Plaintiff’s predecessor-in-interest on behalf of Edward Tamburri together with all costs, including but not limited to, attorneys' fees, disbursements, and further allowances provided pursuant to the underlying loan documents and applicable law in bringing any action to protect the Mortgagee's interest in the Subject Property. The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt described above. UNLESS YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT HEREOF THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THE DEBTOR JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BE MAILED TO YOU BY THE HEREIN DEBT COLLECTOR. IF APPLICABLE, UPON YOUR WRITTEN REQUEST, WITHIN SAID THIRTY (30) DAY PERIOD, THE HEREIN DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR. IF YOU HAVE RECEIVED A DISCHARGE FROM THE UNITED STATES BANKRUPTCY COURT, YOU ARE NOT PERSONALLY LIABLE FOR THE UNDERLYING INDEBTEDNESS OWED TO PLAINTIFF/CREDITOR AND THIS NOTICE/DISCLOSURE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY. HELP FOR HOMEOWNERS IN FORECLOSURE New York State 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, 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 New York State Department of Financial Services’ at 1-800-269-0990 or visit the Department’s website at http://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. Aldridge Pite, LLP, Attorneys for the Plaintiff, 40 Marcus Drive, Suite 200, Melville, NY 11747 File 1133-3230B