Académique Documents
Professionnel Documents
Culture Documents
Answer - against KEITH BAESSLER, JOSEPH J. AIELLO, INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA ET AL; JOHN DOE #1 THROUGH JOHN DOE # 10 ---------------------------------------------------------X The Defendant, KEITH BAESSLER, appearing Pro - Se, as and for his Answer to the Complaint herein, sets forth as follows : 1. Denies each and every allegation in paragraph numbered, 13 , Verified
as to each and every allegation contained in paragraph numbered , 1 , 11 , 12 , 3. The answering Defendant respectfully refers the allegations
contained in paragraphs numbered , 4 , 5 , 8 , 9 , 10, 14 , 15 of the Complaint to the Trial Court for determination to the extent that these paragraphs set forth allegations of legal conclusions and are incapable of an answer. 4. Defendant admits allegations contained in paragraphs numbered 2 , 3, 6 , and 7. 5. Defendant denies all allegations not expressly admitted.
The Complaint fails to state a claim upon which relief can be sought.
AS AND FOR SECOND AFFIRMATIVE DEFENSE The plaintiff has failed to comply with all necessary condition precedent To file a foreclosure action against the Defendant. The mortgage has Not been properly accelerated as required by the rules and regulations of the Department of Housing and Urban Development, (HUD), in regards to this mortgage. Plaintiff never provided said notice prior to acceleration of the note and foreclosure of the note and mortgage and is in violation of HUD rules and regulations.
AS AND FOR THIRD AFFIRMATIVE DEFENSE Plaintiff fails to show proof as to being the current holder of said Note and Mortgage, as there isnt a date of alleged assignment, there isnt a date of recording of alleged assignment, there isnt a copy of alleged assignment, or where this alleged assignment is documented.
AS AND FOR FORTH AFFIRMATIVE DEFENSE According to the allegations in the Complaint, Mortgage Electronic Registration Systems, Inc, more commonly known as MERS, assigned mortgage to Plaintiff merely two weeks prior to the commencement of this foreclosure action. As such, Plaintiff as a matter of law could not possibly advise the defendant that they were the new owner of the Note and Mortgage. Furthermore, it is my belief that this loan was sold, in a predatory manor, for the sole purpose of
foreclosing it.
AS AND FOR FIFTH AFFIRMATIVE DEFENSE The Plaintiff is attempting to collect fees and costs which are erroneous and vaguely described.
WHEREFORE, the defendant demands judgment against the Plaintiff for the following relief : Due to the legal, and procedural defects in this foreclosure action; A. B. Dismissing the Plaintiffs Complaint in all respects, and Granting to the Defendant such further relief as to this Court may seem
Just and proper, together with the legal costs and disbursements of this action.
To :
PRANALI DATTA, ESQ. STEIN, WIENER & Roth, LLP One Old Country Road, Suite 113 Carle Place, New York 11514
INDIVIDUAL VERIFICATION
KEITH BAESSLER, being duly sworn, deposes and states that deponent is a defendant in the fore mentioned action individually ; that deponent has read The foregoing VERIFIED ANSWER and knows the contents thereof ; and that the same is true to the deponents own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, deponent believes them to be true.
_________________________________ NOTARY PUBLIC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------X Index # 11-15753 ONEWEST BANK, FSB Plaintiff, Answer - against KEITH BAESSLER, JOSEPH J. AIELLO, INTERNAL REVENUE SERVICE, UNITED STATES OF AMERICA ET AL; Verified
JOHN DOE #1 THROUGH JOHN DOE # 10 ---------------------------------------------------------X STATE OF NEW YORK) :ss COUNTY OF SUFFOLK) __________________ , being duly sworn, deposes and says : I am not a party to the above action, am over 18 years of age and reside In Suffolk County, New York. On __________ , ___ , 2012, I served a true copy of the annexed VERFIED ANSWER in the following manner : By mailing the same in a sealed envelope, certified / registered postage paid Thereon, in an official depository of the U.S. Postal Service within the state o f New York, addressed to the last known address of the addressee indicated Below : PRANALI DATTA, ESQ. STEIN, WIENER & Roth, LLP One Old Country Road, Suite 113 Carle Place, New York 11514 Sworn to, Before me This____ day of ________ , 2012 __________________________ NOTARY PUBLIC _____________________ Servicing Agent