The Oneida Daily Dispatch, LEGAL NOTICE SUMMONS, NOTICE AND BRIEF STATEMENT OF NATURE OF ACTION CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MADISON INDEX NO. 2014-1165 LAKEVIEW LOAN SERVICING, LLC, Plaintiff, -against- MATTHEW VIVIRITO; et al., Defendants. TO THE DEFENDANT MATTHEW VIVIRITO: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorneys an answer to the complaint in this action within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is complete if the Summons is not personally delivered to you within the State of New York. 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 answer, judgment will be taken against you for the relief demanded in the complaint. Trial is desired in the County of Madison. The basis of venue designated above is that the real property, which is the subject matter of this action, is located in the County of Madison, New York. 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. HELP FOR HOMEOWNERS IN FORECLOSURE New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summon 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 local legal aid office to obtain advice on how to protect yourself. Source 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 to 1-800-342-3736 visit the Department`s website at www.dfs.ny.gov. 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. The foregoing Summons is served upon you by publication pursuant to an order of Honorable Donald F. Cerio, Jr, Justice of the Supreme Court of the State of New York, signed on the 22nd day of June, 2015, in Syracuse, New York and duly entered in the Madison County Clerk’s Office, Syracuse, New York. The Nature of this action pertains to a note and mortgage held by Plaintiff on real property owned by the defendant, Matthew Vivirito. The said defendant has defaulted on the note and mortgage and the plaintiff commenced a foreclosure action. Plaintiff is seeking a judgment foreclosing its mortgage against the real property and premises which situates in the City of Cazenovia, County of Madison and State of New York and is commonly known as 4021 East Rd, Cazenovia, NY 13035 and all other relief as to the Court may seem just and equitable. DATED: July 8, 2015 SCHILLER & KNAPP, LLP BY: WILLIAM B. SCHILLER, ESQ. Attorneys for Plaintiff 950 New Loudon Road Latham, New York 12110 Telephone: (518) 786-9069 14-1112-0
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